{"kind":"expression","expression":{"expr_id":"384","doc_id":"384","label":"Act 57 of 2020","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2020\/57\/eng@2020-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2020\/57\", \"expression\": \"\/akn\/ky\/act\/2020\/57\/eng@2020-01-01\", \"manifestation\": \"\/akn\/ky\/act\/2020\/57\/eng@2020-01-01.pdf\"}, \"pdf\": {\"md5\": \"49e7182d37b33cfe37db4ba838f8c797\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2020\/2020-0057\/2020-0057_Act 57 of 2020.pdf\", \"pages\": 49, \"filename\": \"2020-0057_Act 57 of 2020.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 16902, \"paragraph_count\": 102, \"text_char_count\": 108951}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"AN ACT TO REPEAL AND REPLACE THE LEGAL PRACTITIONERS ACT (2015 REVISION); TO REGULATE THE PRACTICE OF CAYMAN ISLANDS LAW; TO PROVIDE FOR A SYSTEM OF LEGAL EDUCATION; TO PROVIDE FOR A MECHANISM TO DEAL WITH PROFESSIONAL MISCONDUCT; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. PART 1 - PRELIMINARY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Act may be cited as the Legal Services Act, 2020. (2) This Act shall come into force on such date as may be appointed by Order made by the Cabinet and different provisions of this Act may be brought into force on different days and for different purposes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. (1) In this Act \u2014 \u201cacting member\u201d means an attorney-at-law appointed to act in the place of the appointed member under section 9(1); \u201caffiliate\u201d, in respect of a law firm, means a person engaged in the practice of Cayman Islands law in another jurisdiction which \u2014 I Assent, Martyn Roper Governor Date: 7th day of January, 2021 (a) is trading under a name that is the same as, or similar to, or a derivative of, the name of the law firm; (b) is associated with the law firm; or (c) is a subsidiary of the law firm; \u201canother jurisdiction\u201d means any jurisdiction other than the Islands and \u201cother jurisdictions\u201d shall be construed accordingly; \u201cappointed member\u201d means a member of the Council appointed under section 4(1)(c), (d), (e) or (f) and includes a person for the time being appointed as an acting member of the Council; \u201carticled clerk\u201d means a person who is serving articles of clerkship in accordance with Part 10; \u201carticles of clerkship\u201d means any contract in writing under which any person is bound to serve under the tutelage of an attorney-at-law; \u201cattorney-at-law\u201d means a person whose name is on the Roll; \u201cCayman Islands law\u201d shall be construed in accordance with section 24; \u201cCaymanian\u201d has the meaning assigned in section 2 of the Immigration (Transition) Act, 2018; \u201cChief Justice\u201d includes a person for the time being carrying out the functions of the office of Chief Justice; \u201cClerk of the Court\u201d has the meaning assigned in section 2 of the Grand Court Act (2015 Revision); \u201ccompany\u201d means \u2014 (a) a company as defined in section 2(1) of the Companies Act (2020 Revision); or (b) a limited liability company as defined in section 2 of the Limited Liability Companies Act (2020 Revision); \u201cConstitution\u201d means the Constitution set out in Schedule 2 to the Cayman Islands Constitution Order 2009 (UK S.I. 1379\/2009); \u201cCouncil\u201d means the Cayman Islands Legal Services Council established under section 3; \u201cCourt\u201d means the Grand Court; \u201cDisciplinary Tribunal\u201d means the Legal Services Disciplinary Tribunal established under section 81; \u201cdocument\u201d includes an electronic record as defined under section 2 of the Electronic Transactions Act (2003 Revision); \u201celectronic\u201d has the meaning assigned to it by section 2 of the Electronic Transactions Act (2003 Revision); \u201cforeign qualification\u201d shall be construed in accordance with section 32(3); \u201cGovernment attorney-at-law\u201d means an attorney-at-law employed in the Government service in accordance with the Public Service Management Act (2018 Revision); \u201cin-house counsel\u201d means an attorney-at-law who provides legal services solely to the attorney-at-law\u2019s employer (including a statutory authority that is an employer) or to other entities that are part of the same group of entities as the employer; \u201cjudge\u201d means \u2014 (a) a judge of the Grand Court appointed as such under section 106 of the Constitution or a person acting as such by virtue of section 97 of the Constitution; or (b) a judge of the Court of Appeal; \u201claw firm\u201d means \u2014 (a) an attorney-at-law practising Cayman Islands law in the Islands as a sole practitioner; or (b) a recognised law entity practising Cayman Islands law in the Islands; \u201clegal practitioner\u201d means a person who has either qualified locally in accordance with section 32(2) or has a foreign qualification in accordance with section 32(3); \u201clegal services\u201d means \u2014 (a) giving legal advice or assistance; (b) the exercise of rights of audience before court, tribunal or inquiry; (c) preparing a document on behalf of another person for use in a court, tribunal or inquiry; (d) preparing an instrument governed by law that relates to real, personal or intangible property; or (e) preparing evidence for, or giving evidence in a court or tribunal or inquiry as to the effect of law; \u201clegally and ordinarily resident\u201d shall be construed in accordance with the meaning given to the expression \u201clegal and ordinary residence\u201d in section 2 of the Immigration (Transition) Act, 2018; \u201climited liability partnership\u201d means a limited liability partnership registered under the Limited Liability Partnership Act, 2017; \u201cmanager\u201d in respect of a law firm, means a managing partner or a managing director or a member of the management committee or board of directors or equivalent; \u201cpartner\u201d means \u2014 (a) a person who has entered into a partnership in accordance with the Partnership Act (2013 Revision); or (b) a person who is a partner in a limited liability partnership under the Limited Liability Partnership Act, 2017, and does not include a person employed as a salaried partner or equivalent; \u201cpartnership\u201d has the same meaning as that construed in accordance with section 3 of the Partnership Act (2013 Revision); \u201cpractice of Cayman Islands law\u201d and \u201cpractise Cayman Islands law\u201d shall be construed in accordance with section 24; \u201cpractising certificate\u201d means a practising certificate issued under section 50; \u201cpublic officer\u201d has the meaning assigned to that expression in section 124(1) of the Constitution; \u201cpublish\u201d, in respect of information, means publish in a manner that is likely to bring the information to the attention of those affected by the information; \u201crecognised law entity\u201d means a company, partnership or limited liability partnership recognised as a recognised law entity by the Council under section 54; \u201cResidency and Employment Rights Certificate\u201d means a certificate issued or granted under the Immigration (Transition) Act, 2018; \u201cRoll\u201d means the register known as the Court Roll kept under section 38; \u201cRules of Court\u201d mean Rules of Court made under section 19 of the Grand Court Act (2015 Revision); \u201csubsidiary\u201d means a company wherever incorporated, the voting control of which is held by or on behalf of a law firm; \u201cSupervisory Authority\u201d, in relation to attorneys-at-law, has the meaning assigned to that expression under section 2(1) of the Proceeds of Crime Act (2020 Revision); and \u201cwork permit\u201d has the meaning assigned in section 2 of the Immigration (Transition) Act, 2018. PART 2 - THE CAYMAN ISLANDS LEGAL SERVICES COUNCIL\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Establishment of the Cayman Islands Legal Services Council 3. There is established a body called the Cayman Islands Legal Services Council.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Constitution of the Council 4. (1) The Council consists of seven members as follows \u2014 (a) the Chief Justice; (b) the Attorney General; (c) a non-practising attorney-at-law who is a Caymanian appointed by the Premier; (d) a non-practising attorney-at-law who is a Caymanian appointed by the Leader of the Opposition; (e) two practising attorneys-at-law who are Caymanians appointed by the Premier after consultation with the bodies representing the legal profession; and (f) a practising attorney-at-law who is a Caymanian appointed by the Leader of the Opposition after consultation with the bodies representing the legal profession. (2) The appointment of an appointed member shall be by instrument in writing. (3) A copy of the instrument under subsection (2) shall be filed with the Clerk of the Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Functions of the Council 5. (1) The Council shall have the following functions \u2014 (a) to encourage and promote the upholding of the rule of law; (b) to promote high standards of professional conduct by attorneys-at-law; (c) to regulate the practice of law in the Islands; (d) to encourage and promote the study of law; (e) to supervise legal education and practical legal training leading to local qualification for admission as an attorney-at-law; (f) to establish or supervise a system of law reporting; (g) to carry out the functions imposed on the Council under the Proceeds of Crime Act (2020 Revision), in relation to attorneys-at-law, in accordance with the assignment of the Council as the Supervisory Authority under section 4(9) of that Act; and (h) to carry out such other functions as are imposed on the Council by this Act or any other Act. (2) The Council may establish committees for the purposes of advising the Council on, or performing, any of its functions under this Act or any other Act and a committee established under this subsection may comprise \u2014 (a) members of the Council only; or (b) members of the Council and persons who are not members of the Council. (3) The Council may, by written instrument, delegate to any committee of the Council or other person any of its functions under this Act or any other Act together with any powers (except this power of delegation) which the Council determines is necessary or expedient to enable the committee or other person to carry out the delegate function.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Powers of the Council 6. The Council has the power to do everything reasonably incidental or conducive to carrying out its functions under this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Appointment of secretary and staff 7. The Chief Justice shall, after consultation with the Deputy Governor, appoint \u2014 (a) a public officer as the secretary to the Council; and (b) such other public officers as the Chief Justice thinks are necessary for assisting the Council in the proper performance of its functions under this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Terms and conditions of appointment of members 8. (1) Except as otherwise provided by this Part, an appointed member holds office for five years on terms and conditions determined by \u2014 (a) the Premier, in the case of an appointed member appointed under section 4(1)(c) or (e); or (b) the Leader of the Opposition, in the case of an appointed member appointed under section 4(1)(d) or (f). (2) An appointed member is eligible for re-appointment for one additional period of three years.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Acting appointments 9. (1) If, in accordance with section 17, an appointed member has a conflict of interest in a matter to be dealt with by the Council, or is otherwise unable to act in relation to any matter, the Premier or Leader of the Opposition may, in accordance with section 4(1)(c), (d), (e) or (f) appoint another person to act in the place of the appointed member in the matter. (2) An acting appointment under subsection (1) shall be made in the same manner as an original appointment. (3) An acting member appointed has the same powers, duties and entitlements as the appointed member.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Resignation 10. (1) An appointed member may resign from office by letter addressed to the Chief Justice. (2) The resignation takes effect when the letter is received by the Chief Justice.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Revocation of appointment 11. (1) The Premier in the case an appointed member appointed under section 4(1)(c) or (e), or the Leader of the Opposition in the case of an appointed member under section 4(1)(d) or (f), may, after consulting the other members of the Council, revoke the appointment of the appointed member by letter addressed to the member. (2) The revocation takes effect when the letter is received by the member.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Vacancy 12. (1) The Premier in the case an appointed member appointed under section 4(1)(c) or (e), or the Leader of the Opposition in the case of an appointed member under section 4(1)(d) or (f), shall, as soon as practicable after a vacancy in the office of appointed member arises, fill the vacancy in accordance with this Part. (2) The validity of any decision of the Council shall not be affected by any vacancy amongst its members or by any defect in the appointment of a member as long as there is a quorum for the meeting at which the decision is made.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Gazetting appointed members 13. The Clerk of the Court shall publish in the Gazette and such other media as the Clerk of the Court determines details of each appointment of a member, the resignation of an appointed member and the revocation of the appointment of an appointed member.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Council to regulate its practice and procedures 14. Except as otherwise provided by section 15, the Council may regulate its practice and procedures.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Meetings 15. (1) The Council shall meet at times and places determined by the Chief Justice. (2) The Chief Justice or, in the absence of the Chief Justice, the Attorney General, shall preside at a meeting of the Council. (3) At a meeting of the Council, the quorum shall be a majority of members present and voting, including the Chief Justice, or in the absence of the Chief Justice, the Attorney General. (4) The Council shall reach its decisions by a simple majority vote of its members present and voting. (5) If there is an equality of votes the Chief Justice, or in the absence of the Chief Justice, the Attorney General, may exercise a second or casting vote. (6) The secretary shall record and keep, or cause to be recorded and kept, all minutes of the meetings, proceedings and decisions of the Council but shall not have any right to vote. (7) The Council may co-opt any person whom it considers able to assist it in its deliberations and any person so co-opted shall be deemed to be a member for so long as the person is co-opted, except that the person co-opted shall have no vote and shall not be counted for the purposes of constituting a quorum.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Protection from liability 16. (1) A member of the Council or a committee of the Council is not liable for claims, damages, costs, charges or expenses resulting from the discharge or purported discharge of a function of the member as a member of the Council or committee of the Council. (2) Subsection (1) does not apply to claims, damages, costs, charges or expenses caused by the bad faith of the member of the Council or committee of the Council.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Disclosure of member\u2019s interests 17. (1) If an appointed member has a conflict of interest in a matter to be dealt with by the Council, the appointed member shall disclose the fact to the other members of the Council and shall not be present at a meeting of the Council when the matter is being discussed by the Council. (2) An appointed member who contravenes subsection (1) commits an offence and is liable \u2014 (a) on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both; or (b) on conviction on indictment to a fine of fifty thousand dollars or to imprisonment for a term of five years or to both. (3) It is a defence for the member of the Council to prove that the member did not know and could not reasonably have known that the matter in which the member had an interest was the subject of consideration at the meeting. (4) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Council. (5) If the Council is \u2014 (a) investigating or determining a complaint against an attorney-at-law; (b) hearing an application by a former attorney-at-law to have the attorney-atlaw\u2019s name restored to the Roll; or (c) hearing an application by an attorney-at-law to have a period of suspension of the attorney-at-law\u2019s right to practise terminated, an appointed member is to be treated as having a conflict of interest if the appointed member is a partner, director, shareholder, employee, associate or consultant of the law firm of which the attorney-at-law or former attorney-law is or was a partner, director, shareholder, employee, associate or consultant, or the appointed member is the spouse or civil partner, as defined by section 2 of the Civil Partnership Act, 2020, of the attorney-at-law or former attorney-atlaw.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Appointed member may be paid allowance 18. An appointed member may be paid such allowances as the Cabinet may determine.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Payment of administrative expenses 19. Allowances and other administrative expenses paid or incurred by the Council or any committee or other person referred to in section 5(3) in carrying out the functions of the Council shall be paid out of the general revenue of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Council to keep proper accounts 20. The Council shall keep proper accounts of its receipts, payments, credits and liabilities.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Council to submit annual report 21. The Council shall, within three months of the start of each financial year of the Council, prepare and submit to the Cabinet an annual report on the performance of the Council\u2019s functions during the preceding financial year and publish the annual report in the Gazette.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Clerk of the Court may be assigned functions 22. The Chief Justice may assign to the Clerk of the Court such functions as the Chief Justice thinks necessary for the proper carrying out by the Council of its functions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Seal and execution of documents 23. (1) The seal of the Council shall be authenticated by the Chief Justice and one other member of the Council authorised by the Council to do so. (2) The seal of the Council shall be judicially noticed. (3) The Council may, by resolution, appoint an officer of the Council, either generally or in a particular case, to execute on behalf of the Council a document not under seal. PART 3 - THE PRACTICE OF CAYMAN ISLANDS LAW\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Restriction on the practice of Cayman Islands law 24. (1) Except as provided by this Act, a person shall not practise Cayman Islands law in the Islands or in another jurisdiction. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars or to imprisonment for a term of two years, or to both. (3) For the purposes of subsection (1), a person practises Cayman Islands law if, for or in expectation of gain or reward, the person provides legal services in respect of Cayman Islands law or in the Islands. (4) A person practises Cayman Islands law if the person holds himself or herself as qualified to provide legal services in respect of Cayman Islands law or in the Islands for gain or reward. (5) Notwithstanding subsections (3) and (4), a person is not to be taken as practising Cayman Islands law for the purposes of subsection (1) if the person \u2014 (a) in a matter of a legal nature, acts on the person\u2019s own behalf or on behalf of an entity, whether or not incorporated, in which the person has an interest or by which, in the case of an individual, other than an in-house counsel, the person is employed; (b) as a public officer, prepares a document or instrument in the course of the person\u2019s duties; (c) as a director or owner of a company, acts on behalf of the company whether in relation to a document, an instrument, a proceeding or otherwise if permitted by law to do so; (d) prepares a will that does not contain trust provisions; (e) prepares a document relating to the sale, purchase or lease of land or premises if no mortgage, charge or other form of security interest over land is involved; (f) as a person licensed or registered under a regulatory law, as defined in the Monetary Authority Act (2020 Revision), carries out a licensed activity; (g) is an arbitrator or counsel brought into the Islands by an attorney-at-law to act in arbitration under the Arbitration Act, 2012; (h) being a person practising law in another jurisdiction, prepares a draft of a document or instrument to be governed by Cayman Islands law, where the document or instrument will be reviewed, settled and finalised for execution purposes by a law firm or an affiliate; (i) is instructed by a law firm or its affiliate to obtain evidence on behalf of a person for use in a court, tribunal or inquiry in the Islands, and where the evidence will be reviewed by a law firm or its affiliate on behalf of a mutual client; (j) being a person practising law in another jurisdiction, is instructed by a law firm or an affiliate to assist, under the supervision of that law firm or affiliate, in the preparation of a document (other than evidence or correspondence) for use in connection with proceedings in a court, tribunal or inquiry in the Islands; or (k) being a Queen\u2019s Counsel, or equivalent and, practising as such in any court of a jurisdiction referred to in section 32(3), instructed by a law firm or an affiliate, provides advice as to Cayman Islands law or prepares a document for use in a court, tribunal or inquiry in the Islands. (6) The Cabinet may by Order amend subsection (5).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Attorneys-at-law may practise Cayman Islands law 25. Subject to compliance with this Act and regulations made under this Act, an attorneyat-law who holds a practising certificate may \u2014 (a) practise Cayman Islands law in the Islands; or (b) practise Cayman Islands law in another jurisdiction with an affiliate, subject also to compliance with the law of that jurisdiction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Recognised law entity may practise Cayman Islands law 26. Subject to compliance with this Act and regulations made under this Act, a recognised law entity may \u2014 (a) practise Cayman Islands law in the Islands; or (b) practise Cayman Islands law in another jurisdiction with an affiliate, subject also to compliance with the law of that jurisdiction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Exemptions for Attorney General and Director of Public Prosecutions 27. Nothing in this Act shall \u2014 (a) prejudice or affect the rights, including the right in connection with the duties of the Attorney General to act as an advocate, or privileges of the Attorney General or of any person holding public office in the Attorney General\u2019s chambers or of a person instructed by or on behalf of the Attorney General to appear for the Attorney General in any cause or matter and who possesses the prescribed qualification; or (b) prejudice or affect the rights, including the right in connection with the duties of the Director of Public Prosecutions to act as an advocate, or privileges of the Director of Public Prosecutions or of any person holding public office in the Office of the Director of Public Prosecutions or of a person instructed by or on behalf of the Director of Public Prosecutions to appear for the Director of Public Prosecutions in any cause or matter and who possesses the prescribed qualification.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Ability to practise Cayman Islands law or establish as a law firm 28. (1) Nothing in this Part affects any ability a person, whether or not an attorney-atlaw, may have under any other Act to practise Cayman Islands law. (2) Nothing in this Part prohibits an attorney-at-law from establishing that attorneyat-law as a law firm or as a partner or member of a law firm except that \u2014 (a) in the case of a law firm that is an attorney-at-law practising Cayman Islands law in the Islands as a sole practitioner, the attorney-at-law shall be a Caymanian; or (b) in the case of a law firm that is a recognised law entity, at least one member or partner of the recognised law entity shall be an attorney-at-law who is a Caymanian. PART 4 - ADMISSION AS AN ATTORNEY-AT-LAW\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Admission 29. (1) Subject to subsection (2), a judge may, on an application made in accordance with this Act, admit a person as an attorney-at-law. (2) A judge shall not admit a person as an attorney-at-law under subsection (1) unless the judge is satisfied that the person \u2014 (a) has a personal qualification for admission set out in section 30; (b) has the additional personal qualifications set out in section 31; (c) has obtained a professional qualification set out in section 32; (d) has any additional post-foreign qualification experience required by section 33; and (e) is otherwise a fit and proper person to be an attorney-at-law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Personal qualification required for admission 30. To be admitted as an attorney-at-law, a person shall \u2014 (a) be a Caymanian; (b) hold a work permit or a Residency and Employment Rights Certificate or otherwise be entitled under the Immigration (Transition) Act, 2018 to reside and work in the Islands as an attorney-at-law in the capacity in which the person is or is to be employed; (c) be employed by the Government or a statutory authority; or (d) be ordinarily resident in another jurisdiction and be a partner, director, member, employee, associate or consultant of a law firm or an affiliate of a law firm.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Additional personal qualifications 31. To be admitted as an attorney-at-law, a person shall satisfy a judge that the person \u2014 (a) is not an undischarged bankrupt; (b) has not engaged in conduct that would constitute an act of professional misconduct under this Act; and (c) is not disbarred for professional misconduct from practising law in another jurisdiction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Professional qualification required for admission 32. (1) To be admitted as an attorney-at-law, a person shall satisfy a judge that the person \u2014 (a) is qualified locally as specified in subsection (2); or (b) has a foreign qualification as specified in subsection (3). (2) A person is qualified locally if the person \u2014 (a) has obtained the prescribed educational qualifications in the study of law; and (b) has undertaken the prescribed period of articles of clerkship in accordance with regulations made under section 71(2)(b). (3) A person has a foreign qualification if the person \u2014 (a) is enrolled as a solicitor in England and Wales or Northern Ireland; (b) has successfully completed the Bar Professional Training Course or a qualification considered equivalent to that course by the Bar Council of England and Wales and, in either case, has served twelve months pupillage in England, Wales or Northern Ireland; (c) is a member of the Faculty of Advocates of Scotland or a writer to the Signet of Scotland, a Law Agent or solicitor admitted to practise in Scotland; (d) is an attorney-at-law of the Supreme Court of Jamaica; or (e) is entitled to practise law in any court of \u2014 (i) Australia; (ii) Canada; (iii) a jurisdiction which is a Member of the Caribbean Community that is also a Member of the Commonwealth of Nations; (iv) the Eastern Caribbean Supreme Court; (v) Ireland; (vi) Hong Kong; (vii) New Zealand; or (viii) any other jurisdiction prescribed by Cabinet by Order made upon the recommendation of the Council, being a jurisdiction that has admission qualifications comparable to those mentioned in subsection (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Post- foreign qualification experience requirement 33. (1) To be admitted as an attorney-at-law, by virtue of a foreign qualification, a person shall have had at least five years post-qualification experience in the practice of law in another jurisdiction. (2) The person under subsection (1) shall be in good standing on a register or its equivalent maintained by a court or other relevant body of the relevant jurisdiction for the purpose of section 32(3) that contains the name of each person entitled to practise law in that jurisdiction. (3) The post-qualification experience requirements under subsection (1) shall not apply if the person is a Caymanian or the holder of a Residency and Employment Rights Certificate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Application for admission 34. (1) A person may apply for admission to practise as an attorney-at-law by motion to the Court. (2) An application under subsection (1) shall be filed with the Clerk of the Court together with \u2014 (a) an affidavit that sets out the facts by virtue of which the person claims to be qualified to be admitted; (b) the documentary evidence set out in subsection (3); and (c) the prescribed admission fee. (3) The documentary evidence referred to in subsection (2)(b) is evidence as to \u2014 (a) the person\u2019s personal qualification for admission as set out in section 30; (b) the person\u2019s additional personal qualifications as set out in section 31; (c) the person\u2019s professional qualification as set out in section 32; and (d) if the person is applying by virtue of a foreign qualification to which section 32(3) applies, evidence as to \u2014 (i) the person\u2019s possession of any additional post-foreign qualification experience as required by section 33(1); and (ii) the person\u2019s professional good standing in the jurisdiction in which the person obtained the foreign qualification as required by section 33(2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Application for admission to practise in a specified suit or matter 35. (1) An application may be made in the Islands to a judge to permit a person to appear, advise or act in a specified suit or matter if the person has come or intends to come to the Islands for that purpose. (2) If the judge gives the permission, the person may carry out the functions of an attorney-at-law for the specified suit or matter upon obtaining a practising certificate limited to those functions. (3) An application under subsection (1) shall be made by a law firm. (4) The law firm shall satisfy the judge \u2014 (a) that the law firm has instructed the person to appear, act or advise in the specified suit or matter; (b) that the person has the qualifications in law required to appear, act or advise in the specified suit or matter; and (c) in the case of an application to allow a person, other than a Queen\u2019s Counsel, or equivalent, and practising as such in any court of a jurisdiction referred to in section 32(3), to appear, to advise or to act in a specified suit or matter, that there are exceptional circumstances to justify approving the application and for this purpose, the fact that the applicant law firm does not itself have sufficient capacity to act or to advise in the specified suit or matter shall not be considered an exceptional circumstance. (5) A judge, when considering an application under subsection (1) made by a law firm, shall, in particular, consider \u2014 (a) the complexity of the specified suit or matter and the need for a specialist in respect of the suit or matter; (b) the professional experience and expertise of the person proposed to appear, to advise or to act in the specified suit or matter; and (c) whether approval of the application would be consistent with public policy, including \u2014 (i) the promotion of the legal profession and advocacy in the Islands, its sustainability, competence and advancement; (ii) the promotion and maintenance of a fair and efficient court system in the Islands; and (iii) the Grand Court Rules, 1995 (Revised). (6) An application under subsection (1) shall be accompanied the prescribed application fee. (7) Part 11 shall apply to a person referred to in subsection (1) as if the person were an attorney-at-law. (8) The Rules Committee of the Grand Court may make rules for the better implementation of this section. PART 5 - ATTORNEYS-AT-LAW\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Status of attorneys-at-law 36. (1) Subject to subsection (2), an attorney-at-law is an officer of the Court. (2) An attorney-at-law shall not appear on behalf of another person in a court, tribunal or inquiry in the Islands if the attorney-at-law holds a practising certificate issued pursuant to section 48(2)(b). (3) Subsection (2) shall not apply to an attorney-at-law who is Caymanian.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Requirements to comply with obligations and to observe Code of Professional Conduct 37. (1) An attorney-at-law or a recognised law entity shall comply with an obligation imposed on the attorney-at-law or recognised law entity under this Act or Regulations made under this Act. (2) A failure to comply with subsection (1) amounts to professional misconduct and accordingly may be the subject of disciplinary proceedings. (3) The Council shall, after consultation with the legal profession, issue and publish in the Gazette as well as in such other media as the Council determines a Code of Professional Conduct for attorneys-at-law and recognised law entities within sixty days after the commencement of this Act. (4) An attorney-at-law or a recognised law entity shall observe the Code of Professional Conduct issued under subsection (3). (5) Notwithstanding subsection (1) and (4), a failure to comply with subsection (4) may amount to professional misconduct and any such failure may in disciplinary proceedings in relation to the attorney-at-law or a recognised law entity be relied upon as evidence to establish professional misconduct by the attorney-at-law or recognised law entity.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Clerk of the Court to keep a Roll of attorneys-at-law 38. (1) The Clerk of the Court shall keep a register which shall be known as the Court Roll. (2) The Clerk of the Court shall, in respect of each person admitted for the time being to practise as an attorney-at-law, enter on the Roll \u2014 (a) the person\u2019s full name and business address; (b) the person\u2019s nationality; (c) the date the person was first admitted to practise Cayman Islands law; (d) details of the qualifications in respect of which the person was admitted to practise law; (e) the area of law in which the person specialises and a description of the person\u2019s post-qualification experience in that area; (f) the name of the person\u2019s employer, if any; and (g) all the jurisdictions in which the person practises Cayman Islands law. (3) The Roll may be kept in the form of an electronic record to which the Electronic Transactions Act (2003 Revision) applies.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Roll to be open for inspection 39. (1) The Clerk of the Court shall keep the Roll and documents relating to the Roll at the Court. (2) If the Office of the Court is open, the Clerk of the Court shall permit a person to inspect the Roll free of charge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Certificate of enrolment 40. (1) Upon the name of a person being entered in the Roll, the Clerk of the Court shall grant a certificate of enrolment in the prescribed form to the person. (2) The certificate of enrolment is to be granted under the seal of the Court and shall be signed by the Clerk of the Court. (3) The production of the certificate of enrolment is evidence that the person named in the certificate of enrolment is enrolled as an attorney-at-law. (4) The certificate of enrolment is admissible in evidence without further proof of its sealing and signing.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Alteration in enrolment details 41. (1) If there is an alteration in the details registered in the Roll in respect of an attorney-at-law, the attorney-at-law shall, within thirty days of the alteration, notify the Clerk of the Court giving details of the alteration. (3) After the notification is given under subsection (1), the Clerk of the Court shall amend the Roll as appropriate.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Voluntary removal of name from Roll 42. (1) An attorney-at-law may apply to the Clerk of the Court to have the name of the attorney-at-law removed from the Roll. (2) The Clerk of the Court may remove the name of an attorney-at-law who applies to be removed from the Roll under subsection (1) from the Roll. (3) Rules of Court may prescribe the form and manner of an application under subsection (1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Removal of name from Roll for non-practice 43. (1) This section applies where the name of an attorney-at-law who is not a Caymanian appears on the Roll but the attorney-at-law has ceased to hold a practising certificate. (2) The Clerk of the Court shall as soon as practicable after of an attorney-at-law who is not a Caymanian ceases to hold a practising certificate send a notice to the attorney-at-law at the residential address of the attorney-at-law entered on the Roll. (3) The notice under subsection (2) shall inform the attorney-at-law that unless the attorney-at-law \u2014 (a) applies for a practising certificate; or (b) is with a law firm or an in-house counsel and applies to keep the attorneyat-law\u2019s name on the Roll, the Clerk of the Court shall remove the name of the attorney-at-law from the Roll after twelve months of the service of the notice. (4) If, within twelve months after the service of the notice under subsection (2), the attorney-at-law has not applied for a practising certificate or applied to keep the attorney-at-law\u2019s name on the Roll, the Clerk of the Court shall remove the name of the attorney-at-law from the Roll. (5) The Clerk of the Court shall, as soon as practicable, publish the name of any attorney-at-law whose name has been removed from the Roll under this section. (6) If the Clerk of the Court removes the name of an attorney-at-law from the Roll under this section, the Clerk of the Court shall \u2014 (a) immediately following the removal, provide the Council with the name of the attorney-at-law that has been removed from the Roll under this section; and (b) as soon as practicable after the removal, publish a notice stating that the name of the attorney-at-law has been removed from the Roll under this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Keeping name on Roll 44. (1) This section applies if an attorney-at-law who is not a Caymanian \u2014 (a) is employed by a law firm or an affiliate of a law firm; or (b) is an in-house counsel, and does not wish to practise Cayman Islands law but wishes to keep the attorney-at-law\u2019s name on the Roll. (2) An attorney-at-law referred to in subsection (1) may apply, before 31st January in each year, to the Clerk of the Court to keep the attorney-at-law\u2019s name on the Roll. (3) An application under subsection (2) shall \u2014 (a) be made on a form approved for the purpose by the Clerk of the Court; (b) be accompanied by the prescribed fee; and (c) be accompanied by evidence that the attorney-at-law does not owe any penalty to the Council. (4) The application form approved by the Clerk of the Court under subsection (3)(a) shall require the attorney-at-law to \u2014 (a) specify the attorney-at-law\u2019s current residential or business address and if the attorney-at-law is with a law firm or its affiliate, the name and address of the law firm or its affiliate; (b) specify every jurisdiction, other than the Islands, in which the attorney-atlaw is admitted to practise law; and (c) state whether or not the attorney-at-law is or has been the subject of a disciplinary complaint or any other action that could cause or did cause the attorney-at-law\u2019s name to be struck off the roll of a jurisdiction in which the attorney-at-law is or was admitted. (5) If the Clerk of the Court refuses to keep the name of the attorney-at-law on the Roll, the attorney-at-law may, within thirty days of the refusal, appeal to the Court against the refusal on the grounds that the refusal was unreasonable having regard to all the circumstances.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Law firm - obligation to give notice 45. (1) This section applies if a law firm or an affiliate of a law firm ceases to employ in another jurisdiction an attorney-at-law who is not a Caymanian. (2) A law firm shall, on or before 31st January in each year by written notice, inform the Clerk of the Court of the name of each attorney-at-law that has ceased to be employed during the previous twelve months in accordance with subsection (1). (3) An attorney-at-law referred to in subsection (2) may, by written notice, apply to the Clerk of the Court to have the attorney-at-law\u2019s name kept on the Roll stating the reason, consistent with this Act, why the attorney-at-law\u2019s name should remain on the Roll. (4) After receipt of the notice from the law firm and any notice from the attorneyat-law, the Clerk of the Court shall remove the name of the attorney-at-law from the Roll unless the attorney-at-law has satisfied the Clerk of the Court that there are adequate reasons consistent with this Act for not removing the name of the attorney-at-law from the Roll. (5) If the Clerk of the Court removes the name of an attorney-at-law from the Roll under this section, the Clerk of the Court shall \u2014 (a) immediately following the removal, provide the Council with the name of the attorney-at-law that has been removed from the Roll under this section; and (b) as soon as practicable after the removal, publish a notice stating that the name of the attorney-at-law has been removed from the Roll under this section. (6) The managers of a law firm shall ensure that the law firm complies with this section. (7) If a law firm fails to comply with a requirement of this section each manager of the law firm commits an offence and is liable on summary conviction to a fine of ten thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Attorney-at-law may administer oaths 46. An attorney-at-law may administer oaths.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Attorney-at-law and recognised law entity may sue for fees and costs 47. (1) An attorney-at-law or a recognised law entity may sue for fees and costs in respect of services rendered by the attorney-at-law or recognised law entity as an attorney-at-law or recognised law entity, as the case may be. (2) Notwithstanding subsection (1) \u2014 (a) an attorney-at-law may not sue for fees and costs except in respect of services rendered by the attorney-at-law when the attorney-at-law held a practising certificate that authorised the attorney-at-law to render the service; and (b) a recognised law entity may not sue for fees and costs except in respect of services rendered by the recognised law entity when the recognised law entity was under this Act, a recognised law entity. PART 6 - PRACTISING CERTIFICATES\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Attorney-at-law shall have a practising certificate to practise 48. (1) An attorney-at-law shall not practise Cayman Islands law other than in accordance with subsection (2) or (4). (2) A practising certificate may authorise an attorney-at-law to do any of the following \u2014 (a) to practise Cayman Islands law principally in the Islands; or (b) to practise Cayman Islands law principally in another jurisdiction. (3) An attorney-at-law who holds a practising certificate \u2014 (a) issued under subsection (2)(a), shall not be in breach of this section by practising Cayman Islands law outside of the Islands, provided that the attorney-at-law\u2019s principal place of practice remains within the Islands; or (b) issued pursuant to subsection (2)(b), shall not be in breach of this section by practising Cayman Islands law in the Islands or elsewhere, provided that the attorney-at-law\u2019s principal place of practice remains within that other jurisdiction. (4) A Government attorney-at-law is deemed to be the holder of a practising certificate authorising the attorney-at-law to practise Cayman Islands law both in the Islands and in another jurisdiction on behalf of the Government. (5) A certificate in the form approved by the Attorney General and signed by the Attorney General to the effect that a particular person is a Government attorneyat-law is evidence of that fact.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Application for practising certificate 49. (1) An attorney-at-law may obtain a practising certificate on application to the Council. (2) An application for a practising certificate shall, subject to subsection (3), be made by a law firm, an in-house counsel or a statutory authority in the form approved for the purpose by the Council and shall be accompanied by the prescribed practising certificate fee. (3) An application for a practising certificate shall \u2014 (a) state the jurisdiction that will be the attorney-at-law\u2019s principal place of practice during the currency of the practising certificate applied for; (b) specify any jurisdiction, other than the Islands, in which the attorney-atlaw is admitted to practise law; and (c) state whether or not the attorney-at-law is or has been the subject of a disciplinary complaint or any other action that could cause or did cause the attorney-at-law\u2019s name to be struck off the roll of a jurisdiction in which the attorney-at-law is or was admitted. Issue of practising certificate\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"(1) The Council may, on an application made in accordance with section 49, issue a practising certificate. (2) The Council shall issue and publish guidance on the matters that the Council shall have regard to in issuing a practising certificate including \u2014 (a) the number of practising certificates that are issued to attorneys-at-law practising Cayman Islands law in another jurisdiction with affiliates of the law firm; Section ( (b) the compliance by the attorney-at-law with any applicable programme of legal education and practical legal training that will be undertaken in the attorney-at-law\u2019s principal place of practice during the currency of the practising certificate; (c) the jurisdiction that will be the attorney-at-law\u2019s principal place of practice during the currency of the practising certificate; and (d) compliance by the law firm, its affiliates and the attorney-at-law with this Act and regulations made under this Act. (3) The Council shall, before determining an application under subsection (1) for an attorney-at-law to practise Cayman Islands law in another jurisdiction, have regard to the matters specified in the guidance issued and published under subsection (2). (4) Notwithstanding subsection (1), if in an application for a practising certificate, it is stated that an attorney-at-law is \u2014 (a) suspended from practice; or (b) the subject of a disciplinary complaint or any other action that could cause or caused the attorney-at-law\u2019s name to be struck off the roll of a jurisdiction in which the attorney-at-law is or was admitted, the Council shall not issue a practising certificate except pursuant to an order of the Court. (5) In determining whether to issue a practising certificate authorising an attorneyat-law to practise Cayman Islands law in another jurisdiction, the Council shall have regard to the matters specified in the guidance issued and published under subsection (2). (6) Notwithstanding subsection (1), the Council shall not issue a practising certificate that authorises an attorney-at-law to practise Cayman Islands law in another jurisdiction if the total number of attorneys-at-law practising in all other jurisdictions with affiliates of the law firm would exceed the number of attorneys-at-law practising in the Islands with the law firm. (7) Notwithstanding subsection (1), the Council shall not issue a practising certificate that authorises an attorney-at-law to practise Cayman Islands law in another jurisdiction unless the attorney-at-law swears the prescribed oath or makes the prescribed affirmation. (8) A practising certificate shall be in the form approved by the Council. (9) A practising certificate is valid from the date of its issue and expires on 31st January of the ensuing year unless before that date the practising certificate becomes void.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"When a practising certificate becomes void 51. A practising certificate issued to an attorney-at-law becomes void \u2014 (a) on the name of the attorney-at-law being removed from the Roll; (b) on the attorney-at-law being suspended from practice; (c) on the attorney-at-law being adjudicated bankrupt; or (d) when an attorney-at-law, other than a Caymanian or a holder of a Residency and Employments Rights Certificate, ceases to be \u2014 (i) employed by a law firm or an affiliate of a law firm; or (ii) an in-house counsel.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Details of practising certificates to be published 52. (1) The Council shall publish \u2014 (a) during February in each year, an alphabetical list of attorneys-at-law who have at the previous 31st January obtained a practising certificate; and (b) thereafter, as soon as practicable, the name of any attorney-at-law who subsequently obtains a practising certificate during that year. (2) As soon as practicable after the Council becomes aware that a practising certificate has become void, the Council shall publish the name of the attorneyat-law who held the practising certificate and the fact that attorney-at-law\u2019s practising certificate has become void. PART 7 - RECOGNISED LAW ENTITY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Applications for recognition 53. (1) An application by a company, partnership or limited liability partnership for recognition as a recognised law entity shall be made on a form approved for the purpose by the Council. (2) An application under subsection (1) shall be accompanied by the prescribed application fee.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Recognition by Council 54. (1) The Council may, subject subsection (2), recognise a company, partnership or limited liability partnership as a recognised law entity if the Council \u2014 (a) is satisfied that the company, partnership or limited liability partnership complies with section 28(2)(b); and (b) subject to subsection (2), is otherwise satisfied that the company, partnership or limited liability partnership is a suitable body to practise Cayman Islands law. (2) The Council shall have regard to such matters as may be prescribed in determining whether to recognise a company, partnership or limited liability partnership as a recognised law entity.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Council to issue certificate of recognition 55. (1) If the Council recognises a company, partnership or limited liability partnership as a recognised law entity, the Council shall issue a certificate of recognition to the company, partnership or limited liability partnership. (2) A certificate of recognition shall be in a form approved by the Council and shall specify the name of the recognised law entity and its registered office. (3) The Council shall also publish a notice stating that the company, partnership or limited liability partnership has been recognised as a recognised law entity and its name.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Appeal against refusal of recognition 56. If the Council refuses to recognise a company, partnership or limited liability partnership as a recognised law entity, the company, partnership or limited liability partnership may with leave of the Court of Appeal, appeal to the Court of Appeal against the refusal on the grounds that the refusal was unreasonable having regard to all the circumstances.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Changes to be notified 57. A recognised law entity shall, within sixty days after a change in its directors, managers, members or partners, notify the Council of the change.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Recognised law entity may only practise Cayman Islands law 58. (1) A recognised law entity shall not carry on any business other than the practice of Cayman Islands law. (2) Notwithstanding subsection (1), a recognised law entity may, with the approval of the Council, carry on a business associated with its practice of Cayman Islands law. (3) If a recognised law entity fails to comply with this section, it ceases to be a recognised law entity. Name of a recognised law entity\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"A recognised law entity may carry on business under a name that does not include the word \u201cLimited\u201d, or the abbreviation \u201cLtd.\u201d, if it holds itself out to be a recognised law entity.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Recognised law entity wound up 60. A recognised law entity ceases to be a recognised law entity if a winding up order or its equivalent under the Companies Act (2020 Revision), Limited Liability Companies Act (2020 Revision), Partnership Act (2013 Revision) or the Limited Liability Partnership Act, 2017 is made in respect of it.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Company ceasing to be a recognised law entity and continuing to practise 61. (1) If a company, partnership or limited liability partnership ceases to be a recognised law entity but continues to practise Cayman Islands law, in addition to the company, partnership or limited liability partnership committing an offence under section 62, each director, partner, manager or member of the company, partnership or limited liability partnership who is an attorney-at-law is guilty of professional misconduct. (2) As soon as practicable after the Council becomes aware that a company, partnership or limited liability partnership has ceased to be a recognised law entity, the Council shall publish the name of the company, partnership or limited liability partnership and the fact that it has ceased to be a recognised law entity.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Falsely claiming to be a recognised law entity 62. (1) A person shall not describe itself as a recognised law entity or hold itself out as a recognised law entity unless it is a recognised law entity. (2) A person that acts in contravention of subsection (1) commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars. PART 8 - LAW FIRMS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"Practice of Cayman Islands law by attorney-at-law in another jurisdiction 63. (1) An attorney-at-law other than a Caymanian shall not practise Cayman Islands law in another jurisdiction otherwise than with a law firm or with an affiliate of a law firm. (2) An attorney-at-law who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of fifty thousand dollars or to imprisonment for a term of two years, or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Annual operational licence 64. (1) A law firm shall have an annual operational licence to practise Cayman Islands law. (2) Subject to subsection (4), a law firm shall apply to the Council for an annual operational licence in the form approved by the Council. (3) An application under subsection (2) shall be accompanied by the prescribed annual operational licence fee. (4) The form of an application approved by the Council under subsection (2) shall require the law firm to supply \u2014 (a) the law firm\u2019s name; (b) the address or addresses both in the Islands and in another jurisdiction where the law firm or any affiliate of the law firm practises Cayman Islands law; and (c) the name of each of the attorneys-at-law in practice with the law firm or any affiliate of the law firm, whether in the Islands or in another jurisdiction, who hold practising certificates. (5) Subject to subsection (6), an annual operational licence is valid from the date of issue and expires on 31st January of the next year. (6) The Council may suspend or revoke an annual operational licence where a law firm breaches a provision of this Act or regulations made under this Act. (7) The Council shall, before 31st March in each year, publish in the Gazette a list of law firms with an annual operational licence as at that date.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Insurance 65. The Cabinet shall, after consultation with the Council, make regulations requiring law firms to secure insurance for a prescribed minimum amount of cover against losses arising from claims in respect of civil liabilities incurred by such law firms in the practice of Cayman Islands law and any business associated with the practice of Cayman Islands law permitted under this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"Annual compliance certificate 66. (1) A law firm shall, on or before 31st January in each year, deliver to the Council a certificate indicating whether or not the law firm has, during the previous year \u2014 (a) complied with each obligation imposed on the law firm and any affiliate by this Act; and (b) where the law firm is a recognised law entity, complied with the criteria to maintain its status as a recognised law entity. (2) If the law firm and any affiliate has not, during the previous year, complied with any of the obligations referred to under subsection (1), the law firm shall concurrently with the delivery of the annual compliance certificate specify to the Council which obligation has not been met and the action (if any) the law firm and any affiliate has subsequently taken to ensure future compliance with the obligation. (3) The managers of a law firm shall ensure that the law firm and any affiliate complies with subsection (1) and that the annual compliance certificate the law firm delivers is complete and correct in all material respects. (4) The annual compliance certificate shall be signed by a manager of the law firm. (5) If a law firm fails to comply with a requirement of this section each manager of the law firm commits an offence and is liable on summary conviction to a fine of twenty thousand dollars. PART 9 - LOCAL EDUCATION AND TRAINING\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"Recognised legal educators 67. (1) The Council may designate a legal educator as a recognised legal educator for the purpose of this Part if the Council is satisfied that the legal educator has the facilities required to provide legal education or practical legal training to a standard required by this Part. (2) A legal educator seeking designation as a recognised legal educator shall apply to the Council in accordance with this section. (3) An application under subsection (1) shall be accompanied by evidence sufficient to show that the legal educator has the facilities necessary to provide legal education or practical legal training to the required standard. (4) If the Council designates a legal educator as a recognised legal educator, the Council shall publish, in the Gazette and such other media as the Council may determine, the name of the legal educator and the fact that the legal educator has been recognised by the Council. (5) The Council may, by at least one month\u2019s written notice to a legal educator, cancel the designation as a recognised legal educator if the Council is satisfied that the legal educator is failing to provide legal education or practical legal training to a standard required by this Act. (6) If the Council cancels the designation of a legal educator as a recognised legal educator under subsection (5), the Council shall publish, in the Gazette and such other media as the Council may determine, the name of the legal educator and the fact that the designation as a recognised legal educator has been cancelled by the Council. (7) A legal educator, whether or not providing or intending to provide legal education, that falsely holds itself out as a recognised legal educator commits an offence and is liable on summary conviction to a fine of fifty thousand dollars. (8) In this section \u2014 \u201cto provide legal education or practical legal training\u201d, in addition to providing legal education or practical legal training for attorneys-at-law or prospective attorneys-at-laws, includes providing legal education or practical legal training in relation to paralegal assistants, legal secretaries or other persons involved in the practice of law; and \u201clegal educator\u201d means a person that is capable of providing legal education or practical legal training.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"System of legal education and practical legal training 68. (1) The Council may make arrangements for the provision of a system of legal education and practical legal training leading to local qualification for enrolment as an attorney-at-law. (2) The Council may make arrangements requiring a person admitted as an attorney-at-law to participate in a programme of legal education or practical legal training. (3) The Cabinet, after consultation with the Council, may make regulations relating to matters connected with the Council\u2019s functions under subsection (1). (4) The Cabinet, after consultation with the Council, may make regulations relating to matters connected with the Council\u2019s functions under subsection (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_69\", \"num\": \"69.\", \"text\": \"Regulations in respect of qualifying as an attorney-at-law 69. Without prejudice to the generality of section 68(3), regulations made under that section may prescribe \u2014 (a) the qualifications required for enrolment as an attorney-at-law including requirements for any of the following \u2014 (i) the successful completion of a prescribed period of service under articles of clerkship; and (ii) the attainment of prescribed academic qualifications; (b) the qualifications required for admission to legal education in the Islands; (c) the examinations to be taken for enrolment for legal education and for admission including \u2014 (i) the papers that are to be set; (ii) the syllabuses to be followed; (iii) the courses of lectures to be given by suitably qualified lecturers in any subject included in the examination; (iv) the time and place at which an examination may be held; (v) the setting, correcting and marking of papers; (vi) the conduct of the examinations; and (vii) the fees to be paid for examinations for enrolment and admission; and (d) different examinations in respect of persons who \u2014 (i) possess different qualifications; or (ii) have followed or are following different courses of study. Regulations for programme of legal education or practical legal training\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_70\", \"num\": \"70.\", \"text\": \"Without prejudice to the generality of section 68(4), regulations made under that section may prescribe \u2014 (a) the times and places at which the programme of legal education or practical legal training is to be held; (b) the subjects to be covered by the programme of legal education or practical legal training; and (c) the persons that may provide the programme of legal education or practical legal training. PART 10 - ARTICLES OF CLERKSHIP\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_71\", \"num\": \"71.\", \"text\": \"Regulations - service under articles of clerkship 71. (1) The Cabinet, after consultation with the Council, may make regulations in respect of service under articles of clerkship. (2) Without prejudice to the generality of subsection (1), regulations made under that subsection may \u2014 (a) prescribe the minimum qualifications required by a person to be admitted for service under articles of clerkship; (b) prescribe the period for which articles of clerkship shall be undertaken; (c) provide for the terms, including remuneration and conditions of service, on which an articled clerk may be taken and retained by an attorney-atlaw; (d) provide for the conduct, duties and responsibilities towards each other of the parties to articles of clerkship; and (e) may make different provision in relation to different categories of persons.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_72\", \"num\": \"72.\", \"text\": \"Qualifications required to take on an articled clerk 72. (1) An attorney-at-law \u2014 (a) who has been admitted as a legal practitioner in any jurisdiction for at least seven continuous years; and (b) who has held a Cayman Islands practising certificate for at least five years, may take a person with the prescribed qualification into that attorney-at-law\u2019s service as an articled clerk. (2) An attorney-at-law who has two or more articled clerks in that attorney-at-law\u2019s service may not take any additional articled clerk into that attorney-at-law\u2019s service without the written approval of the Council.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_73\", \"num\": \"73.\", \"text\": \"Recognised law entity may take on an articled clerk 73. A recognised law entity may take on a person with the prescribed qualifications into that recognised law entity\u2019s service as an articled clerk.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_74\", \"num\": \"74.\", \"text\": \"Articles of Clerkship served in Government offices 74. (1) The Attorney General and, with the leave of the Attorney General, the Director of Public Prosecutions and the Clerk of the Court may take an articled clerk into their respective service. (2) The provisions of this Part, except section 72(2), that apply to attorneys-at-law and articled clerks in their service apply equally to the Attorney General, Director of Public Prosecutions and Clerk of the Court and to articled clerks in their respective service.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_75\", \"num\": \"75.\", \"text\": \"Service in a legal or judicial department 75. If the Council is satisfied that a person in a legal or judicial department of the public service is performing duties that are mainly legal in nature, the Council may certify that time spent by a person in the legal or judicial department performing those duties is equivalent to a similar time spent in the service of an attorney-at-law under articles of clerkship.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_76\", \"num\": \"76.\", \"text\": \"Power of the Council to discharge articles of clerkship 76. The Council may discharge the articles of clerkship of the articled clerk upon such terms as the Council thinks fit if \u2014 (a) an attorney-at-law to whom an articled clerk is articled is declared bankrupt; (b) the name of an attorney-at-law to whom an articled clerk is articled is struck off the Roll; (c) an attorney-at-law to whom an articled clerk is articled is suspended from practice; (d) a recognised law entity to which an articled clerk is articled is wound up; (e) a recognised law entity to which an articled clerk is articled ceases to be a recognised law entity; (f) the Council is satisfied after investigation that an articled clerk is not a fit and proper person to become an attorney-at-law; (g) upon the application of either an attorney-at-law or a recognised law entity or that attorney-at-law\u2019s or recognised law entity\u2019s articled clerk, the Council is satisfied that the articles of clerkship of the articled clerk ought to be discharged; or (h) if an attorney-at-law or a recognised law entity has in that attorney-at-law\u2019s or recognised law entity\u2019s service an articled clerk in contravention of this Part.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_77\", \"num\": \"77.\", \"text\": \"Transfer of articles of clerkship 77. (1) This section applies if an application is made to the Council by an attorney-atlaw or a recognised law entity and that attorney-at-law\u2019s or recognised law entity\u2019s articled clerk for permission to transfer the articles of clerkship of the articled clerk to another attorney-at-law or recognised law entity. (2) The Council may, subject to subsection (3), give permission if the Council considers it proper to give the permission sought under subsection (1). (3) The permission under subsection (2) may be given subject to any conditions the Council may think fit to impose. (4) If articles of clerkship of an articled clerk are transferred to an attorney-at-law or recognised law entity pursuant to permission given under this section, the articled clerk becomes the articled clerk of the attorney-at-law or recognised law entity to which the articles of clerkship are transferred. (5) The articles of clerkship under which the articled clerk was serving immediately before the transfer shall continue to have effect as though the attorney-at-law or recognised law entity to which the articled clerk was transferred had originally been a party to those articles of clerkship. (6) Subsection (5) is subject to any modifications made to the articles of clerkship by the Council.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_78\", \"num\": \"78.\", \"text\": \"Obligations of attorney-at-law or recognised law entity in relation to an articled clerk 78. (1) If an attorney-at-law or recognised law entity has an articled clerk in that attorney-at-law\u2019s or recognised law entity\u2019s service, the attorney-at-law or recognised law entity shall ensure that during the period of articles of clerkship of the articled clerk, the articled clerk \u2014 (a) receives adequate legal training including training relating to professional responsibility, legal etiquette and conduct; (b) is exposed to all major areas of the Cayman Islands law practised by the attorney-at-law or recognised law entity; and (c) participates in courses, workshops or programmes that relate to the areas of Cayman Islands law in which the articled clerk is being trained. (2) If an attorney-at-law or recognised law entity fails to comply with this section and as a result is found guilty of professional misconduct, the attorney-at-law or recognised law entity shall not take any person into that attorney-at-law\u2019s or recognised law entity\u2019s service as an articled clerk until the Council advises the attorney-at-law or recognised law entity otherwise. PART 11 - INVESTIGATION AND DETERMINATION OF ALLEGED PROFESSIONAL MISCONDUCT\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_79\", \"num\": \"79.\", \"text\": \"Application to senior office holders 79. This Part does not apply to any conduct of a person while holding or acting in an office to which section 106 of the Constitution applies or to any other Government attorney-at-law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_80\", \"num\": \"80.\", \"text\": \"Complaints of professional misconduct by attorneys-at-law 80. Any person may file with the Council a complaint that any specified conduct of an attorney-at-law constitutes professional misconduct by the attorney-at-law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_81\", \"num\": \"81.\", \"text\": \"Legal Services Disciplinary Tribunal 81. (1) There is established a body called Legal Services Disciplinary Tribunal for the purpose of hearing and determining matters referred to it under this Act in respect of alleged professional misconduct by attorneys-at-law. (2) The Disciplinary Tribunal consists of the following members appointed by the Council \u2014 (a) a retired judge who shall be the chairperson of the Disciplinary Tribunal; and (b) subject to subsection (3), a panel of seven members appointed on an annual basis who shall be attorneys-at-law of at least ten years\u2019 standing. (3) Where the Council refers a matter to the Disciplinary Tribunal under section 82(12), the chairperson of the Disciplinary Tribunal shall appoint two members of the panel referred to in subsection (2)(b) whom the chairperson considers suitable to comprise the Disciplinary Tribunal for the purpose of hearing and determining the matter. (4) In the exercise of its functions the Disciplinary Tribunal shall not be subject to the direction or control of the Council or any other person. (5) Subject to this Act and the regulations made under subsection (8), the Disciplinary Tribunal shall regulate its own procedures and may make rules governing its procedures. (6) The Disciplinary Tribunal shall publish in the Gazette as well as in such other media as the Disciplinary Tribunal determines notice of any rules made by the Disciplinary Tribunal under this section. (7) The notice under subsection (6) shall state where copies of the rules made by the Disciplinary Tribunal under this section may be obtained. (8) The Cabinet, after consultation with the Council, may make regulations with regard to the conduct of proceedings by the Disciplinary Tribunal and any other matters relating to the Disciplinary Tribunal that the Cabinet may consider necessary. (9) A person shall not participate as a member of the Disciplinary Tribunal and of the Council in relation to the same matter. (10) A member of the Disciplinary Tribunal is not liable for claims, damages, costs, charges or expenses resulting from the discharge or purported discharge of a function of the member as a member of the Disciplinary Tribunal. (11) Subsection (10) does not apply to claims, damages, costs, charges or expenses caused by the bad faith of the member of the Disciplinary Tribunal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_82\", \"num\": \"82.\", \"text\": \"Council to investigate complaints 82. (1) The Council shall investigate a complaint filed under section 80. (2) The Council shall, on its own initiative, investigate any conduct of an attorneyat-law if the Council becomes aware that the conduct may constitute professional misconduct by the attorney-at-law. (3) The Council has no power to investigate any conduct by an attorney-at-law that was known or could reasonably have been known by the complainant or Council more than six years before the complaint was made or the Council became aware of the conduct. (4) The Council has the power to do everything reasonably necessary to investigate any conduct of an attorney-at-law that is alleged to constitute professional misconduct. (5) Without prejudice to the generality of the power of the Council under subsection (4), the Council may require the production of a document or any other information from a person who the Council has reasonable grounds to believe can assist in investigating the conduct. (6) A person commits an offence if the person when required to do so under subsection (5), fails or refuses to produce a document or any other information or produces a document or information that is false or misleading. (7) A person who commits an offence under subsection (6) is liable \u2014 (a) on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both; or (b) on conviction on indictment to a fine of fifty thousand dollars or to imprisonment for a term of five years, or to both. (8) The Council shall make rules regarding the procedure for its investigation of the conduct of attorneys-at-law. (9) The rules made under subsection (8) shall set out \u2014 (a) the manner in which a complaint may be made to the Council about the conduct of an attorney-at-law; and (b) the manner in which the Council will conduct its investigation into the conduct of an attorney-at-law. (10) The Council shall publish in the Gazette as well as in such other media as the Council determines notice of any rules made by the Council under this section. (11) The notice under subsection (10) shall state where copies of the rules made by the Council under this section may be obtained. (12) Unless the Council, having investigated a complaint filed under section 80 or the conduct of an attorney-at-law on its own initiative under subsection (2), finds that the matter is frivolous or vexatious, the Council shall refer the matter to the Disciplinary Tribunal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_83\", \"num\": \"83.\", \"text\": \"Disciplinary Tribunal to hear and determine matter 83. (1) The Disciplinary Tribunal shall hear and determine a matter referred to it under section 82(12). (2) The Disciplinary Tribunal has the power to do everything reasonably necessary to hear and determine a matter referred to it under section 82(12). (3) Without prejudice to the generality of the power of the Disciplinary Tribunal under subsection (2), the Disciplinary Tribunal may do any of the following \u2014 (a) convene a hearing to investigate the conduct; (b) issue a summons to compel the attendance of a person at a hearing; (c) require the production of a document or any other information from a person who the Disciplinary Tribunal has reasonable grounds to believe can assist in investigating the conduct; (d) require a person to verify by affidavit a document submitted or information provided to the Disciplinary Tribunal; and (e) examine witnesses on oath, affirmation or otherwise at a hearing. (4) A person commits an offence if the person \u2014 (a) fails to comply with a summons issued by the Disciplinary Tribunal under subsection (3)(b); (b) when required to do so under subsection (3)(c), fails or refuses to produce a document or any other information or produces a document or information that is false or misleading; (c) when required to do so under subsection (3)(d), fails or refuses to verify a document submitted or information provided to the Disciplinary Tribunal by affidavit when required to do so by the Disciplinary Tribunal; or (d) as a witness at a hearing by the Disciplinary Tribunal, fails or refuses to answer a question put to the person or provides an answer that is false or misleading. (5) A person who commits an offence under subsection (4) is liable \u2014 (a) on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both; or (b) on conviction on indictment to a fine of fifty thousand dollars or to imprisonment for a term of five years, or to both. (6) Subject to this Act and to regulations made under section 81(8), the Disciplinary Tribunal shall make rules regarding the procedure for hearing and determining a matter referred to it under section 82(12). (7) The rules made under subsection (6) \u2014 (a) may provide for preliminary proceedings to be held to determine if sufficient evidence of an attorney-at-law\u2019s conduct exists to show if it may amount to professional misconduct; (b) shall give an attorney-at-law whose conduct is in question a reasonable opportunity to be heard either in person or through counsel; and (c) shall provide that a hearing of the Disciplinary Tribunal is to be held in public unless the Disciplinary Tribunal is of the view that publicity would prejudice the interests of justice or commercial confidence. (8) The Disciplinary Tribunal shall publish in the Gazette as well as in such other media as the Disciplinary Tribunal determines notice of any rules made by the Disciplinary Tribunal under this section. (9) The notice under subsection (8) shall state where copies of the rules made by the Disciplinary Tribunal under this section may be obtained.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_84\", \"num\": \"84.\", \"text\": \"Disciplinary sanctions 84. (1) If, after hearing and determining a matter referred to the Disciplinary Tribunal, the Disciplinary Tribunal is satisfied that the conduct constitutes professional misconduct by the attorney-at-law, the Disciplinary Tribunal may take one or more of the following actions \u2014 (a) order that the name of the attorney-at-law be struck off the Roll; (b) order that the attorney-at-law\u2019s practising certificate be qualified to the effect that the attorney-at-law is not entitled to appear as an advocate before all or any court or to practise in a specific area of law, in either case, permanently or for a specified period; (c) order that the attorney-at-law be suspended from practice as an attorneyat-law for a specified period, not exceeding five years; (d) order the attorney-at-law to pay a fine of fifty thousand dollars; (e) reprimand the attorney-at-law; (f) advise the attorney-at-law as to the attorney-at-law\u2019s future conduct; or (g) take no action against the attorney-at-law. (2) Whether or not the Disciplinary Tribunal takes any action against an attorneyat-law, the Disciplinary Tribunal may do either or both of the following \u2014 (a) report the conduct of the attorney-at-law to any other professional association having jurisdiction over the attorney-at-law; or (b) order the attorney-at-law to pay the costs of the investigation, which shall be taxed in accordance with the Rules of the Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_85\", \"num\": \"85.\", \"text\": \"Striking off and suspension from practice to be published 85. If the Disciplinary Tribunal orders that the name of an attorney-at-law be struck off the Roll or that an attorney-at-law be suspended from practice, other than for an interim period under section 86, the Clerk of the Court shall publish, in the Gazette as well as in such other media as the Clerk of the Court determines, the name of the attorney-at-law and the fact \u2014 (a) that the name of the attorney-at-law has been struck off the Roll; or (b) that the attorney-at-law has been suspended from practice and the period of the suspension.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_86\", \"num\": \"86.\", \"text\": \"Interim orders 86. (1) If any conduct of an attorney-at-law is being investigated by the Council, the Court may make an interim order that the attorney-at-law be suspended from practice until the investigation has been completed and any subsequent order made by the Disciplinary Tribunal under section 84 has come into effect. (2) If the investigation is into the alleged misuse of a trust fund by the attorney-atlaw, the Court, on the application of the Council, may make an order that, until the investigation has been completed and any subsequent order made by the Disciplinary Tribunal under section 84 has come into effect, a trust fund operated by the attorney-at-law shall be operated by an accountant or a bank approved by the Council.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_87\", \"num\": \"87.\", \"text\": \"Restoration of name to Roll 87. (1) If the name of an attorney-at-law was removed from the Roll on the request of the attorney-at-law or on the order of the Disciplinary Tribunal, the former attorney-at-law may at any time apply to the Council for the restoration of the former attorney-at-law\u2019s name to the Roll. (2) Subject to subsection (3), the Council may, after hearing the application under subsection (1), order that the name of the former attorney-at-law be restored to the Roll with or without conditions and any such conditions shall be specified in any practising certificate issued to the attorney. (3) The Council shall not make an order under subsection (2) unless the Council is satisfied that the former attorney-at-law is a fit and proper person to practise as an attorney-at-law. (4) If the Council orders that the name of a former attorney-at-law be restored to the Roll, the Clerk of the Court shall, on payment by the former attorney-at-law of the prescribed fee, restore the name of the attorney-at-law to the Roll and publish, in the Gazette as well as in such other media as the Clerk of the Court determines, a notice specifying \u2014 (a) the name of the attorney-at-law; (b) the fact that name of the attorney-at-law is restored to the Roll; and (c) the condition, if any, which the attorney-at-law is subject to under subsection (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_88\", \"num\": \"88.\", \"text\": \"Termination of suspension 88. (1) If an attorney-at-law has been suspended from practice on the order of the Disciplinary Tribunal under section 84, the attorney-at-law may at any time apply to the Council for the suspension to be terminated. (2) After hearing the application under subsection (1), the Council may, if the Council is satisfied that the attorney-at-law is a fit and proper person to practise as an attorney-at-law, order that the attorney-at-law\u2019s suspension from practice be terminated with effect from a date specified in the order. (3) If the Council orders that an attorney-at-law\u2019s suspension from practice be terminated under this section, the Clerk of the Court shall, on payment by the attorney-at-law of the prescribed fee specified, publish, in the Gazette as well as in such other media as the Clerk of the Court determines, a notice specifying the name of the attorney-at-law, the fact that the attorney-at-law\u2019s suspension from practice has been terminated and the date from which the termination has effect.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_89\", \"num\": \"89.\", \"text\": \"Form and proof of order of Council or Disciplinary Tribunal 89. (1) A document purporting to be an order of the Council and purporting to be signed on its behalf by the Chief Justice shall, in the absence of evidence to the contrary, be taken to be an order of the Council duly made, without proof of its making, or proof of signature, or proof that the person signing the order was entitled to sign the order. (2) A document purporting to be \u2014 (a) an order of the Disciplinary Tribunal; and (b) signed on its behalf by the chairperson of the Disciplinary Tribunal, shall, in the absence of evidence to the contrary, be taken to be an order of the Disciplinary Tribunal duly made, without proof of its making, or proof of signature, or proof that the person signing the order was entitled to sign the order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_90\", \"num\": \"90.\", \"text\": \"Certain orders to be filed in Court 90. (1) An order of the Council or Disciplinary Tribunal under this Act \u2014 (a) that the name of an attorney-at-law be struck off the Roll; (b) that the name of a person be restored to the Roll; (c) that an attorney-at-law be suspended from practice, other than by an interim order made under section 86; or (d) that the suspension of an attorney-at-law from practice be terminated, shall be filed with the Clerk of the Court. (2) An order referred to in subsection (1) takes effect and is enforceable as if it were an order of the Court. (3) If an order referred to in subsection (1) is \u2014 (a) that an attorney-at-law\u2019s name be struck off the Roll; or (b) that the attorney-at-law be suspended from practice, the order shall not take effect until the expiry of the time allowed for appeal under section 92, but, if an appeal is commenced, until the appeal is determined or withdrawn. (4) An order filed under this section may be inspected by a person during office hours of the Court Office without payment of a fee.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_91\", \"num\": \"91.\", \"text\": \"Enforcement of order of Disciplinary Tribunal 91. If the Disciplinary Tribunal makes an order that imposes a fine or provides for the payment of costs, the fine or payment has effect as if it were a debt due to the Crown.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_92\", \"num\": \"92.\", \"text\": \"Appeals 92. (1) An attorney-at-law may appeal to the Court of Appeal against an action taken by the Disciplinary Tribunal under section 84. (2) An appeal under subsection (1) shall be by way of a new hearing in respect of the conduct of the attorney-at-law that the Disciplinary Tribunal has determined constituted professional misconduct by the attorney-at-law. (3) A person aggrieved by a decision of the Council may, with leave of the Court of Appeal, appeal to the Court of Appeal against the decision of the Council. (4) An appeal under this section shall be made within such time and in such form as may be prescribed by Rules of the Court of Appeal. (5) On hearing an appeal under this section, the Court of Appeal may confirm, reverse, or modify the action taken by the Council or Disciplinary Tribunal.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_93\", \"num\": \"93.\", \"text\": \"Trusteeships held by attorney-at-law suspended or struck off 93. (1) If an attorney-at-law is suspended from practice or if the name of the attorneyat-law is struck off the Roll, the Council may serve a notice signed by two members of the Council requiring the person upon whom the notice is served to supply to the Council, in so far as it is practicable to do so \u2014 (a) a list showing any wills in which the attorney-at-law is appointed as a trustee, and the names and addresses of the testators; (b) a list of any other trusteeships that are held by the attorney-at-law under any trust or are to be held by the attorney-at-law on the occurrence of any event and the beneficiaries under the trusts; (c) if the attorney-at-law is a sole practitioner, details of the client funds held by the attorney-at-law; and (d) any other particulars as may be necessary to enable the Council to exercise its powers under subsection (3). (2) The notice under subsection (1) shall be served \u2014 (a) on the attorney-at-law or on a person carrying on the attorney-at-law\u2019s practice; or (b) if the attorney-at-law is a partner, member, employee, associate or consultant of a law firm, on the law firm or on a partner, member, employee, associate or consultant of the law firm. (3) After the Council receives the list required under subsection (1), the Council may, notwithstanding anything to the contrary under this Part, notify \u2014 (a) a testator named in the list; (b) a beneficiary named in the list; or (c) a person having power to appoint or remove the trustees in respect of a trust mentioned in the list, that the attorney-at -law has been suspended from practice or that the name of the attorney-at -law has been struck off the Roll. (4) In this section, \u201ctrust\u201d means a trust of any kind and includes the duties incidental to the office of a personal representative. (5) A person who, without lawful justification or excuse, fails or refuses to comply with the requirement of a notice under this section served commits an offence and liable \u2014 (a) on summary conviction to a fine of twenty thousand dollars or to imprisonment for a term of two years, or to both; or (b) on conviction on indictment to a fine of fifty thousand dollars or to imprisonment for a term of five years, or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_94\", \"num\": \"94.\", \"text\": \"Attorney-at-law shall comply with conditions and restrictions 94. An attorney-at-law who practises law in contravention of a condition or restriction specified in the attorney-at-law\u2019s practising certificate commits an act of professional misconduct.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_95\", \"num\": \"95.\", \"text\": \"Council to inform police of possible offence 95. If, when investigating the conduct of an attorney-at-law, it appears to the Council that the attorney-at-law or any other person may have committed an offence the Council shall refer the matter to the police. PART 12 - MISCELLANEOUS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_96\", \"num\": \"96.\", \"text\": \"Practice in the Islands of the law of another jurisdiction 96. (1) A person shall not practise in the Islands the law of another jurisdiction without the consent of the Council and a person who acts in contravention of this subsection commits an offence and is liable on summary conviction to a fine of fifty thousand dollars. (2) For the purposes of subsection (1), a person practises the law of another jurisdiction if \u2014 (a) the person practises that law for or in expectation of gain or reward; or (b) the person holds that person out as prepared to practise the law of another jurisdiction. (3) An application for consent under subsection (1) shall be made to the Council on a form approved by the Council. (4) The application shall be accompanied by \u2014 (a) the prescribed application fee; (b) evidence sufficient to show that the person is practising the law of another jurisdiction; (c) evidence that the person is qualified to practise the law of another jurisdiction; and (d) evidence that the person is a fit and proper person to practise the law of another jurisdiction. (5) The Council may give consent if the Council is satisfied \u2014 (a) that the person is practising the law of another jurisdiction; (b) that the person is a suitable person to practise that law and is qualified to practise that law; and (c) that to give consent would not be prejudicial to the interests of the Islands. (6) If the Council gives consent, the Council shall issue a certificate of consent to the person in the form approved by the Council. (7) The form shall specify \u2014 (a) the name of the person and the address in the Islands where the person practises the law of the other jurisdiction; and (b) the jurisdiction in respect of which the person practises that law. (8) The Council shall also publish a notice stating \u2014 (a) that the person has been given consent under this section; (b) the name of the person; and (c) the jurisdiction in respect of which the consent has been given. (9) The Council may cancel the consent given to a person under this section by written notice to the person if the Council is satisfied that \u2014 (a) the person has ceased to have any of the qualifications necessary to be given the consent; or (b) the practice of the law of another jurisdiction by the person has become prejudicial to the interests of the Islands. (10) If the Council refuses to give consent to a person or cancels the consent given to a person, the person may, within thirty days of being given notice of the refusal or cancellation, with leave of the Court of Appeal, appeal to the Court of Appeal against the refusal or cancellation on the grounds that the refusal or cancellation was unreasonable having regard to all the circumstances. (11) A person with consent given under this section is not required to be licensed under the Trade and Business Licensing Act (2019 Revision) or the Local Companies (Control) Act (2019 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_97\", \"num\": \"97.\", \"text\": \"False or misleading information 97. (1) A person shall not knowingly or wilfully provide false or misleading information in an application, notification, notice or filing under this Act. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of twenty-five thousand dollars or to imprisonment for a term of five years, or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_98\", \"num\": \"98.\", \"text\": \"Liability of officers 98. (1) If an offence under this Act that has been committed by a partnership, limited liability partnership or body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of a person \u2014 (a) who is a partner of the partnership or limited liability partnership, or a director, manager, secretary or other similar officer of the body corporate; or (b) who is purporting to act in any such capacity, that person also commits the offence and is liable to be proceeded against and punished accordingly. (2) If the affairs of a body corporate are managed by that body corporate\u2019s members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with the member.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_99\", \"num\": \"99.\", \"text\": \"Regulations 99. (1) The Cabinet may, after consultation with the Council, make regulations \u2014 (a) prescribing anything that may be prescribed under this Act; (b) providing for access to the legal profession and training and development of attorneys-at-law; or (c) providing for such matters as may be necessary or convenient for carrying out or giving effect to this Act and its administration. (2) Without prejudice to the generality of subsection (1), regulations made under subsection (1)(b) may make provisions giving the Council the power to assess and monitor compliance with such regulations and, the provisions may include provisions giving the Council the power to delegate the power to assess and monitor compliance with the regulations to another person. (3) Regulations made under this Act may \u2014 (a) make different provision in relation to different cases or circumstances; (b) contain such transitional, consequential, incidental or supplementary provisions as appear to Cabinet to be necessary or expedient for the purposes of such regulations; or (c) create an offence punishable by a fine not exceeding ten thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_100\", \"num\": \"100.\", \"text\": \"Repeal and savings 100. (1) Subject to subsection (2), the Legal Practitioners Act (2015 Revision) is repealed. (2) The Legal Practitioners (Students) Regulations (2018 Revision) shall continue in force with the necessary modifications until they are repealed by regulations made under section 99.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_101\", \"num\": \"101.\", \"text\": \"Savings, transitional and consequential provisions 101. (1) The Cabinet may make regulations to provide for such savings, transitional and consequential provisions to have effect in connection with the coming into force of any provision of this Act as are necessary or expedient. (2) Regulations made under subsection (1) may be given retrospective operation to a day not earlier than the day that this Act comes into force.9 Passed by the Parliament the 16th day of December, 2020. Hon. W. McKeeva Bush Speaker Zena Merren-Chin Clerk of the Parliament\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2020_01_01\", \"date\": \"2020-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2020_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2020_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/2020\/57\", \"FRBRdate\": [{\"date\": \"2020-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2020\/57\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2020-0057\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"57 of 2020\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/2020\/57\/eng@2020-01-01\", \"FRBRdate\": [{\"date\": \"2020-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2020\/57\/eng@2020-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/2020\/57\/eng@2020-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2020\/57\/eng@2020-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Legal Services Act\", \"actNumber\": \"57 of 2020\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nLEGAL SERVICES ACT, 2020\n(Act 57 of 2020)\nSupplement No. 1 published with Legislation Gazette No. 1 dated 7th January, 2021.\n\u2000\n\nPage 2\nAct 57 of 2020\nc\n\nPUBLISHING DETAILS\n\nLegal Services Act, 2020\nArrangement of Sections\n\nc\nAct 57 of 2020\nPage 3\n\nCAYMAN ISLANDS\n\nLEGAL SERVICES ACT, 2020\n(Act 57 of 2020)\nArrangement of Sections\nSection\nPage\nPART 1 - PRELIMINARY\n1.\nShort title and commencement ..................................................................................................7\n2.\nInterpretation .............................................................................................................................7\nPART 2 - THE CAYMAN ISLANDS LEGAL SERVICES\nCOUNCIL\n3.\nEstablishment of the Cayman Islands Legal Services Council ................................................. 10\n4.\nConstitution of the Council ....................................................................................................... 10\n5.\nFunctions of the Council .......................................................................................................... 11\n6.\nPowers of the Council .............................................................................................................. 12\n7.\nAppointment of secretary and staff ........................................................................................... 12\n8.\nTerms and conditions of appointment of members ................................................................... 12\n9.\nActing appointments ................................................................................................................ 12\n10.\nResignation ............................................................................................................................. 12\n11.\nRevocation of appointment ...................................................................................................... 13\n12.\nVacancy................................................................................................................................... 13\n13.\nGazetting appointed members ................................................................................................. 13\n14.\nCouncil to regulate its practice and procedures ........................................................................ 13\n15.\nMeetings .................................................................................................................................. 13\n16.\nProtection from liability ............................................................................................................. 14\n17.\nDisclosure of member\u2019s interests ............................................................................................. 14\n18.\nAppointed member may be paid allowance .............................................................................. 15\n19.\nPayment of administrative expenses ........................................................................................ 15\n\nArrangement of Sections\nLegal Services Act, 2020\n\nPage 4\nAct 57 of 2020\nc\n\n20.\nCouncil to keep proper accounts .............................................................................................. 15\n21.\nCouncil to submit annual report ............................................................................................... 15\n22.\nClerk of the Court may be assigned functions .......................................................................... 15\n23.\nSeal and execution of documents ............................................................................................ 15\nPART 3 - THE PRACTICE OF CAYMAN ISLANDS LAW\n24.\nRestriction on the practice of Cayman Islands law ................................................................... 15\n25.\nAttorneys-at-law may practise Cayman Islands law ................................................................. 17\n26.\nRecognised law entity may practise Cayman Islands law ......................................................... 17\n27.\nExemptions for Attorney General and Director of Public Prosecutions ..................................... 17\n28.\nAbility to practise Cayman Islands law or establish as a law firm ............................................. 17\nPART 4 - ADMISSION AS AN ATTORNEY-AT-LAW\n29.\nAdmission ................................................................................................................................ 18\n30.\nPersonal qualification required for admission ........................................................................... 18\n31.\nAdditional personal qualifications ............................................................................................. 18\n32.\nProfessional qualification required for admission ..................................................................... 19\n33.\nPost- foreign qualification experience requirement ................................................................... 20\n34.\nApplication for admission ......................................................................................................... 20\n35.\nApplication for admission to practise in a specified suit or matter ............................................. 20\nPART 5 - ATTORNEYS-AT-LAW\n36.\nStatus of attorneys-at-law ........................................................................................................ 22\n37.\nRequirements to comply with obligations and to observe Code of Professional Conduct ......... 22\n38.\nClerk of the Court to keep a Roll of attorneys-at-law ................................................................ 22\n39.\nRoll to be open for inspection .................................................................................................. 23\n40.\nCertificate of enrolment ............................................................................................................ 23\n41.\nAlteration in enrolment details .................................................................................................. 23\n42.\nVoluntary removal of name from Roll ....................................................................................... 23\n43.\nRemoval of name from Roll for non-practice ............................................................................ 24\n44.\nKeeping name on Roll ............................................................................................................. 24\n45.\nLaw firm - obligation to give notice ........................................................................................... 25\n46.\nAttorney-at-law may administer oaths ...................................................................................... 26\n47.\nAttorney-at-law and recognised law entity may sue for fees and costs ..................................... 26\nPART 6 - PRACTISING CERTIFICATES\n48.\nAttorney-at-law shall have a practising certificate to practise.................................................... 26\n49.\nApplication for practising certificate .......................................................................................... 27\n50\nIssue of practising certificate .................................................................................................... 27\n51.\nWhen a practising certificate becomes void ............................................................................. 29\n52.\nDetails of practising certificates to be published ....................................................................... 29\nPART 7 - RECOGNISED LAW ENTITY\n53.\nApplications for recognition ...................................................................................................... 29\n54.\nRecognition by Council ............................................................................................................ 29\n\nLegal Services Act, 2020\nArrangement of Sections\n\nc\nAct 57 of 2020\nPage 5\n\n55.\nCouncil to issue certificate of recognition ................................................................................. 30\n56.\nAppeal against refusal of recognition ....................................................................................... 30\n57.\nChanges to be notified ............................................................................................................. 30\n58.\nRecognised law entity may only practise Cayman Islands law ................................................. 30\n59\nName of a recognised law entity .............................................................................................. 30\n60.\nRecognised law entity wound up .............................................................................................. 31\n61.\nCompany ceasing to be a recognised law entity and continuing to practise.............................. 31\n62.\nFalsely claiming to be a recognised law entity .......................................................................... 31\nPART 8 - LAW FIRMS\n63.\nPractice of Cayman Islands law by attorney-at-law in another jurisdiction ................................ 31\n64.\nAnnual operational licence ....................................................................................................... 31\n65.\nInsurance ................................................................................................................................. 32\n66.\nAnnual compliance certificate .................................................................................................. 32\nPART 9 - LOCAL EDUCATION AND TRAINING\n67.\nRecognised legal educators ..................................................................................................... 33\n68.\nSystem of legal education and practical legal training .............................................................. 34\n69.\nRegulations in respect of qualifying as an attorney-at-law ........................................................ 34\n70\nRegulations for programme of legal education or practical legal training .................................. 35\nPART 10 - ARTICLES OF CLERKSHIP\n71.\nRegulations - service under articles of clerkship ...................................................................... 35\n72.\nQualifications required to take on an articled clerk ................................................................... 35\n73.\nRecognised law entity may take on an articled clerk ................................................................ 36\n74.\nArticles of Clerkship served in Government offices .................................................................. 36\n75.\nService in a legal or judicial department ................................................................................... 36\n76.\nPower of the Council to discharge articles of clerkship ............................................................. 36\n77.\nTransfer of articles of clerkship ................................................................................................ 37\n78.\nObligations of attorney-at-law or recognised law entity in relation to an articled clerk ............... 37\nPART 11 - INVESTIGATION AND DETERMINATION OF\nALLEGED PROFESSIONAL MISCONDUCT\n79.\nApplication to senior office holders ........................................................................................... 38\n80.\nComplaints of professional misconduct by attorneys-at-law ..................................................... 38\n81.\nLegal Services Disciplinary Tribunal ........................................................................................ 38\n82.\nCouncil to investigate complaints ............................................................................................. 39\n83.\nDisciplinary Tribunal to hear and determine matter .................................................................. 40\n84.\nDisciplinary sanctions .............................................................................................................. 41\n85.\nStriking off and suspension from practice to be published ........................................................ 42\n86.\nInterim orders .......................................................................................................................... 42\n87.\nRestoration of name to Roll ..................................................................................................... 43\n88.\nTermination of suspension ....................................................................................................... 43\n89.\nForm and proof of order of Council or Disciplinary Tribunal ...................................................... 44\n90.\nCertain orders to be filed in Court ............................................................................................ 44\n91.\nEnforcement of order of Disciplinary Tribunal ........................................................................... 44\n\nArrangement of Sections\nLegal Services Act, 2020\n\nPage 6\nAct 57 of 2020\nc\n\n92.\nAppeals ................................................................................................................................... 45\n93.\nTrusteeships held by attorney-at-law suspended or struck off .................................................. 45\n94.\nAttorney-at-law shall comply with conditions and restrictions ................................................... 46\n95.\nCouncil to inform police of possible offence ............................................................................. 46\nPART 12 - MISCELLANEOUS\n96.\nPractice in the Islands of the law of another jurisdiction ........................................................... 46\n97.\nFalse or misleading information ............................................................................................... 48\n98.\nLiability of officers .................................................................................................................... 48\n99.\nRegulations ............................................................................................................................. 48\n100. Repeal and savings ................................................................................................................. 49\n101. Savings, transitional and consequential provisions .................................................................. 49\n\nLegal Services Act, 2020\nSection 1\n\nc\nAct 57 of 2020\nPage 7\n\nCAYMAN ISLANDS\n\nLEGAL SERVICES ACT, 2020\n(Act 57 of 2020)\nAN ACT TO REPEAL AND REPLACE THE LEGAL PRACTITIONERS ACT (2015\nREVISION); TO REGULATE THE PRACTICE OF CAYMAN ISLANDS LAW; TO\nPROVIDE FOR A SYSTEM OF LEGAL EDUCATION; TO PROVIDE FOR A MECHANISM\nTO DEAL WITH PROFESSIONAL MISCONDUCT; AND FOR INCIDENTAL AND\nCONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\nPART 1 - PRELIMINARY\n1.\nShort title and commencement\n1.\n(1) This Act may be cited as the Legal Services Act, 2020.\n(2) This Act shall come into force on such date as may be appointed by Order made\nby the Cabinet and different provisions of this Act may be brought into force on\ndifferent days and for different purposes.\n2.\nInterpretation\n2.\n(1) In this Act \u2014\n\u201cacting member\u201d means an attorney-at-law appointed to act in the place of the\nappointed member under section 9(1);\n\u201caffiliate\u201d, in respect of a law firm, means a person engaged in the practice of\nCayman Islands law in another jurisdiction which \u2014\n(Act 57 of 2020)\nI Assent,\nMartyn Roper\nGovernor\nDate: 7th day of January, 2021\n\nSection 2\nLegal Services Act, 2020\n\nPage 8\nAct 57 of 2020\nc\n\n(a)\nis trading under a name that is the same as, or similar to, or a derivative of,\nthe name of the law firm;\n(b) is associated with the law firm; or\n(c)\nis a subsidiary of the law firm;\n\u201canother jurisdiction\u201d means any jurisdiction other than the Islands and \u201cother\njurisdictions\u201d shall be construed accordingly;\n\u201cappointed member\u201d means a member of the Council appointed under\nsection 4(1)(c), (d), (e) or (f) and includes a person for the time being appointed\nas an acting member of the Council;\n\u201carticled clerk\u201d means a person who is serving articles of clerkship in\naccordance with Part 10;\n\u201carticles of clerkship\u201d means any contract in writing under which any person\nis bound to serve under the tutelage of an attorney-at-law;\n\u201cattorney-at-law\u201d means a person whose name is on the Roll;\n\u201cCayman Islands law\u201d shall be construed in accordance with section 24;\n\u201cCaymanian\u201d has the meaning assigned in section 2 of the Immigration\n(Transition) Act, 2018;\n\u201cChief Justice\u201d includes a person for the time being carrying out the functions\nof the office of Chief Justice;\n\u201cClerk of the Court\u201d has the meaning assigned in section 2 of the Grand Court\nAct (2015 Revision);\n\u201ccompany\u201d means \u2014\n(a) a company as defined in section 2(1) of the Companies Act (2020 Revision);\nor\n(b) a limited liability company as defined in section 2 of the Limited Liability\nCompanies Act (2020 Revision);\n\u201cConstitution\u201d means the Constitution set out in Schedule 2 to the Cayman\nIslands Constitution Order 2009 (UK S.I. 1379\/2009);\n\u201cCouncil\u201d means the Cayman Islands Legal Services Council established under\nsection 3;\n\u201cCourt\u201d means the Grand Court;\n\u201cDisciplinary Tribunal\u201d means the Legal Services Disciplinary Tribunal\nestablished under section 81;\n\u201cdocument\u201d includes an electronic record as defined under section 2 of the\nElectronic Transactions Act (2003 Revision);\n\u201celectronic\u201d has the meaning assigned to it by section 2 of the Electronic\nTransactions Act (2003 Revision);\n\u201cforeign qualification\u201d shall be construed in accordance with section 32(3);\n\nLegal Services Act, 2020\nSection 2\n\nc\nAct 57 of 2020\nPage 9\n\n\u201cGovernment attorney-at-law\u201d means an attorney-at-law employed in the\nGovernment service in accordance with the Public Service Management Act\n(2018 Revision);\n\u201cin-house counsel\u201d means an attorney-at-law who provides legal services solely\nto the attorney-at-law\u2019s employer (including a statutory authority that is an\nemployer) or to other entities that are part of the same group of entities as the\nemployer;\n\u201cjudge\u201d means \u2014\n(a)\na judge of the Grand Court appointed as such under section 106 of the\nConstitution or a person acting as such by virtue of section 97 of the\nConstitution; or\n(b) a judge of the Court of Appeal;\n\u201claw firm\u201d means \u2014\n(a)\nan attorney-at-law practising Cayman Islands law in the Islands as a sole\npractitioner; or\n(b) a recognised law entity practising Cayman Islands law in the Islands;\n\u201clegal practitioner\u201d means a person who has either qualified locally in\naccordance with section 32(2) or has a foreign qualification in accordance with\nsection 32(3);\n\u201clegal services\u201d means \u2014\n(a)\ngiving legal advice or assistance;\n(b) the exercise of rights of audience before court, tribunal or inquiry;\n(c)\npreparing a document on behalf of another person for use in a court, tribunal\nor inquiry;\n(d) preparing an instrument governed by law that relates to real, personal or\nintangible property; or\n(e)\npreparing evidence for, or giving evidence in a court or tribunal or inquiry\nas to the effect of law;\n\u201clegally and ordinarily resident\u201d shall be construed in accordance with the\nmeaning given to the expression \u201clegal and ordinary residence\u201d in section 2\nof the Immigration (Transition) Act, 2018;\n\u201climited liability partnership\u201d means a limited liability partnership registered\nunder the Limited Liability Partnership Act, 2017;\n\u201cmanager\u201d in respect of a law firm, means a managing partner or a managing\ndirector or a member of the management committee or board of directors or\nequivalent;\n\u201cpartner\u201d means \u2014\n\nSection 3\nLegal Services Act, 2020\n\nPage 10\nAct 57 of 2020\nc\n\n(a) a person who has entered into a partnership in accordance with the\nPartnership Act (2013 Revision); or\n(b) a person who is a partner in a limited liability partnership under the Limited\nLiability Partnership Act, 2017,\nand does not include a person employed as a salaried partner or equivalent;\n\u201cpartnership\u201d has the same meaning as that construed in accordance with\nsection 3 of the Partnership Act (2013 Revision);\n\u201cpractice of Cayman Islands law\u201d and \u201cpractise Cayman Islands law\u201d shall\nbe construed in accordance with section 24;\n\u201cpractising certificate\u201d means a practising certificate issued under section 50;\n\u201cpublic officer\u201d has the meaning assigned to that expression in section 124(1)\nof the Constitution;\n\u201cpublish\u201d, in respect of information, means publish in a manner that is likely to\nbring the information to the attention of those affected by the information;\n\u201crecognised law entity\u201d means a company, partnership or limited liability\npartnership recognised as a recognised law entity by the Council under\nsection 54;\n\u201cResidency and Employment Rights Certificate\u201d means a certificate issued\nor granted under the Immigration (Transition) Act, 2018;\n\u201cRoll\u201d means the register known as the Court Roll kept under section 38;\n\u201cRules of Court\u201d mean Rules of Court made under section 19 of the Grand\nCourt Act (2015 Revision);\n\u201csubsidiary\u201d means a company wherever incorporated, the voting control of\nwhich is held by or on behalf of a law firm;\n\u201cSupervisory Authority\u201d, in relation to attorneys-at-law, has the meaning\nassigned to that expression under section 2(1) of the Proceeds of Crime Act\n(2020 Revision); and\n\u201cwork permit\u201d has the meaning assigned in section 2 of the Immigration\n(Transition) Act, 2018.\nPART 2 - THE CAYMAN ISLANDS LEGAL SERVICES COUNCIL\n3.\nEstablishment of the Cayman Islands Legal Services Council\n3.\nThere is established a body called the Cayman Islands Legal Services Council.\n4.\nConstitution of the Council\n4.\n(1) The Council consists of seven members as follows \u2014\n(a)\nthe Chief Justice;\n\nLegal Services Act, 2020\nSection 5\n\nc\nAct 57 of 2020\nPage 11\n\n(b) the Attorney General;\n(c)\na non-practising attorney-at-law who is a Caymanian appointed by the\nPremier;\n(d) a non-practising attorney-at-law who is a Caymanian appointed by the\nLeader of the Opposition;\n(e)\ntwo practising attorneys-at-law who are Caymanians appointed by the\nPremier after consultation with the bodies representing the legal\nprofession; and\n(f) a practising attorney-at-law who is a Caymanian appointed by the Leader\nof the Opposition after consultation with the bodies representing the legal\nprofession.\n(2) The appointment of an appointed member shall be by instrument in writing.\n(3) A copy of the instrument under subsection (2) shall be filed with the Clerk of\nthe Court.\n5.\nFunctions of the Council\n5.\n(1) The Council shall have the following functions \u2014\n(a)\nto encourage and promote the upholding of the rule of law;\n(b) to promote high standards of professional conduct by attorneys-at-law;\n(c)\nto regulate the practice of law in the Islands;\n(d) to encourage and promote the study of law;\n(e)\nto supervise legal education and practical legal training leading to local\nqualification for admission as an attorney-at-law;\n(f)\nto establish or supervise a system of law reporting;\n(g) to carry out the functions imposed on the Council under the Proceeds of\nCrime Act (2020 Revision), in relation to attorneys-at-law, in accordance\nwith the assignment of the Council as the Supervisory Authority under\nsection 4(9) of that Act; and\n(h) to carry out such other functions as are imposed on the Council by this Act\nor any other Act.\n(2) The Council may establish committees for the purposes of advising the Council\non, or performing, any of its functions under this Act or any other Act and a\ncommittee established under this subsection may comprise \u2014\n(a)\nmembers of the Council only; or\n(b) members of the Council and persons who are not members of the Council.\n(3) The Council may, by written instrument, delegate to any committee of the\nCouncil or other person any of its functions under this Act or any other Act\ntogether with any powers (except this power of delegation) which the Council\n\nSection 6\nLegal Services Act, 2020\n\nPage 12\nAct 57 of 2020\nc\n\ndetermines is necessary or expedient to enable the committee or other person to\ncarry out the delegate function.\n6.\nPowers of the Council\n6.\nThe Council has the power to do everything reasonably incidental or conducive to\ncarrying out its functions under this Act.\n7.\nAppointment of secretary and staff\n7.\nThe Chief Justice shall, after consultation with the Deputy Governor, appoint \u2014\n(a)\na public officer as the secretary to the Council; and\n(b) such other public officers as the Chief Justice thinks are necessary for\nassisting the Council in the proper performance of its functions under this\nAct.\n8.\nTerms and conditions of appointment of members\n8.\n(1) Except as otherwise provided by this Part, an appointed member holds office\nfor five years on terms and conditions determined by \u2014\n(a)\nthe Premier, in the case of an appointed member appointed under section\n4(1)(c) or (e); or\n(b) the Leader of the Opposition, in the case of an appointed member\nappointed under section 4(1)(d) or (f).\n(2) An appointed member is eligible for re-appointment for one additional period\nof three years.\n9.\nActing appointments\n9.\n(1) If, in accordance with section 17, an appointed member has a conflict of interest\nin a matter to be dealt with by the Council, or is otherwise unable to act in\nrelation to any matter, the Premier or Leader of the Opposition may, in\naccordance with section 4(1)(c), (d), (e) or (f) appoint another person to act in\nthe place of the appointed member in the matter.\n(2) An acting appointment under subsection (1) shall be made in the same manner\nas an original appointment.\n(3) An acting member appointed has the same powers, duties and entitlements as\nthe appointed member.\n10.\nResignation\n10. (1) An appointed member may resign from office by letter addressed to the Chief\nJustice.\n(2) The resignation takes effect when the letter is received by the Chief Justice.\n\nLegal Services Act, 2020\nSection 11\n\nc\nAct 57 of 2020\nPage 13\n\n11.\nRevocation of appointment\n11. (1) The Premier in the case an appointed member appointed under section 4(1)(c)\nor (e), or the Leader of the Opposition in the case of an appointed member under\nsection 4(1)(d) or (f), may, after consulting the other members of the Council,\nrevoke the appointment of the appointed member by letter addressed to the\nmember.\n(2) The revocation takes effect when the letter is received by the member.\n12.\nVacancy\n12. (1) The Premier in the case an appointed member appointed under section 4(1)(c)\nor (e), or the Leader of the Opposition in the case of an appointed member under\nsection 4(1)(d) or (f), shall, as soon as practicable after a vacancy in the office\nof appointed member arises, fill the vacancy in accordance with this Part.\n(2) The validity of any decision of the Council shall not be affected by any vacancy\namongst its members or by any defect in the appointment of a member as long\nas there is a quorum for the meeting at which the decision is made.\n13.\nGazetting appointed members\n13. The Clerk of the Court shall publish in the Gazette and such other media as the Clerk\nof the Court determines details of each appointment of a member, the resignation of\nan appointed member and the revocation of the appointment of an appointed member.\n14.\nCouncil to regulate its practice and procedures\n14. Except as otherwise provided by section 15, the Council may regulate its practice and\nprocedures.\n15.\nMeetings\n15. (1) The Council shall meet at times and places determined by the Chief Justice.\n(2) The Chief Justice or, in the absence of the Chief Justice, the Attorney General,\nshall preside at a meeting of the Council.\n(3) At a meeting of the Council, the quorum shall be a majority of members present\nand voting, including the Chief Justice, or in the absence of the Chief Justice,\nthe Attorney General.\n(4) The Council shall reach its decisions by a simple majority vote of its members\npresent and voting.\n(5) If there is an equality of votes the Chief Justice, or in the absence of the Chief\nJustice, the Attorney General, may exercise a second or casting vote.\n(6) The secretary shall record and keep, or cause to be recorded and kept, all minutes\nof the meetings, proceedings and decisions of the Council but shall not have any\nright to vote.\n\nSection 16\nLegal Services Act, 2020\n\nPage 14\nAct 57 of 2020\nc\n\n(7) The Council may co-opt any person whom it considers able to assist it in its\ndeliberations and any person so co-opted shall be deemed to be a member for so\nlong as the person is co-opted, except that the person co-opted shall have no\nvote and shall not be counted for the purposes of constituting a quorum.\n16.\nProtection from liability\n16. (1) A member of the Council or a committee of the Council is not liable for claims,\ndamages, costs, charges or expenses resulting from the discharge or purported\ndischarge of a function of the member as a member of the Council or committee\nof the Council.\n(2) Subsection (1) does not apply to claims, damages, costs, charges or expenses\ncaused by the bad faith of the member of the Council or committee of the\nCouncil.\n17.\nDisclosure of member\u2019s interests\n17. (1) If an appointed member has a conflict of interest in a matter to be dealt with by\nthe Council, the appointed member shall disclose the fact to the other members\nof the Council and shall not be present at a meeting of the Council when the\nmatter is being discussed by the Council.\n(2) An appointed member who contravenes subsection (1) commits an offence and\nis liable \u2014\n(a)\non summary conviction to a fine of twenty thousand dollars or to\nimprisonment for a term of two years, or to both; or\n(b) on conviction on indictment to a fine of fifty thousand dollars or to\nimprisonment for a term of five years or to both.\n(3) It is a defence for the member of the Council to prove that the member did not\nknow and could not reasonably have known that the matter in which the member\nhad an interest was the subject of consideration at the meeting.\n(4) A disclosure under subsection (1) shall be recorded in the minutes of the\nmeeting of the Council.\n(5) If the Council is \u2014\n(a)\ninvestigating or determining a complaint against an attorney-at-law;\n(b) hearing an application by a former attorney-at-law to have the attorney-atlaw\u2019s name restored to the Roll; or\n(c)\nhearing an application by an attorney-at-law to have a period of suspension\nof the attorney-at-law\u2019s right to practise terminated,\nan appointed member is to be treated as having a conflict of interest if the\nappointed member is a partner, director, shareholder, employee, associate or\nconsultant of the law firm of which the attorney-at-law or former attorney-law\nis or was a partner, director, shareholder, employee, associate or consultant, or\n\nLegal Services Act, 2020\nSection 18\n\nc\nAct 57 of 2020\nPage 15\n\nthe appointed member is the spouse or civil partner, as defined by section 2 of\nthe Civil Partnership Act, 2020, of the attorney-at-law or former attorney-atlaw.\n18.\nAppointed member may be paid allowance\n18. An appointed member may be paid such allowances as the Cabinet may determine.\n19.\nPayment of administrative expenses\n19. Allowances and other administrative expenses paid or incurred by the Council or any\ncommittee or other person referred to in section 5(3) in carrying out the functions of\nthe Council shall be paid out of the general revenue of the Islands.\n20.\nCouncil to keep proper accounts\n20. The Council shall keep proper accounts of its receipts, payments, credits and\nliabilities.\n21.\nCouncil to submit annual report\n21. The Council shall, within three months of the start of each financial year of the\nCouncil, prepare and submit to the Cabinet an annual report on the performance of\nthe Council\u2019s functions during the preceding financial year and publish the annual\nreport in the Gazette.\n22.\nClerk of the Court may be assigned functions\n22. The Chief Justice may assign to the Clerk of the Court such functions as the Chief\nJustice thinks necessary for the proper carrying out by the Council of its functions.\n23.\nSeal and execution of documents\n23. (1) The seal of the Council shall be authenticated by the Chief Justice and one other\nmember of the Council authorised by the Council to do so.\n(2) The seal of the Council shall be judicially noticed.\n(3) The Council may, by resolution, appoint an officer of the Council, either\ngenerally or in a particular case, to execute on behalf of the Council a document\nnot under seal.\nPART 3 - THE PRACTICE OF CAYMAN ISLANDS LAW\n24.\nRestriction on the practice of Cayman Islands law\n24. (1) Except as provided by this Act, a person shall not practise Cayman Islands law\nin the Islands or in another jurisdiction.\n\nSection 24\nLegal Services Act, 2020\n\nPage 16\nAct 57 of 2020\nc\n\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nsummary conviction to a fine of one hundred thousand dollars or to\nimprisonment for a term of two years, or to both.\n(3) For the purposes of subsection (1), a person practises Cayman Islands law if, for\nor in expectation of gain or reward, the person provides legal services in respect\nof Cayman Islands law or in the Islands.\n(4) A person practises Cayman Islands law if the person holds himself or herself as\nqualified to provide legal services in respect of Cayman Islands law or in the\nIslands for gain or reward.\n(5) Notwithstanding subsections (3) and (4), a person is not to be taken as practising\nCayman Islands law for the purposes of subsection (1) if the person \u2014\n(a)\nin a matter of a legal nature, acts on the person\u2019s own behalf or on behalf\nof an entity, whether or not incorporated, in which the person has an\ninterest or by which, in the case of an individual, other than an in-house\ncounsel, the person is employed;\n(b) as a public officer, prepares a document or instrument in the course of the\nperson\u2019s duties;\n(c)\nas a director or owner of a company, acts on behalf of the company\nwhether in relation to a document, an instrument, a proceeding or\notherwise if permitted by law to do so;\n(d) prepares a will that does not contain trust provisions;\n(e)\nprepares a document relating to the sale, purchase or lease of land or\npremises if no mortgage, charge or other form of security interest over land\nis involved;\n(f)\nas a person licensed or registered under a regulatory law, as defined in the\nMonetary Authority Act (2020 Revision), carries out a licensed activity;\n(g) is an arbitrator or counsel brought into the Islands by an attorney-at-law to\nact in arbitration under the Arbitration Act, 2012;\n(h) being a person practising law in another jurisdiction, prepares a draft of a\ndocument or instrument to be governed by Cayman Islands law, where the\ndocument or instrument will be reviewed, settled and finalised for\nexecution purposes by a law firm or an affiliate;\n(i)\nis instructed by a law firm or its affiliate to obtain evidence on behalf of a\nperson for use in a court, tribunal or inquiry in the Islands, and where the\nevidence will be reviewed by a law firm or its affiliate on behalf of a\nmutual client;\n(j)\nbeing a person practising law in another jurisdiction, is instructed by a law\nfirm or an affiliate to assist, under the supervision of that law firm or\naffiliate, in the preparation of a document (other than evidence or\n\nLegal Services Act, 2020\nSection 25\n\nc\nAct 57 of 2020\nPage 17\n\ncorrespondence) for use in connection with proceedings in a court, tribunal\nor inquiry in the Islands; or\n(k) being a Queen\u2019s Counsel, or equivalent and, practising as such in any court\nof a jurisdiction referred to in section 32(3), instructed by a law firm or an\naffiliate, provides advice as to Cayman Islands law or prepares a document\nfor use in a court, tribunal or inquiry in the Islands.\n(6) The Cabinet may by Order amend subsection (5).\n25.\nAttorneys-at-law may practise Cayman Islands law\n25. Subject to compliance with this Act and regulations made under this Act, an attorneyat-law who holds a practising certificate may \u2014\n(a)\npractise Cayman Islands law in the Islands; or\n(b) practise Cayman Islands law in another jurisdiction with an affiliate,\nsubject also to compliance with the law of that jurisdiction.\n26.\nRecognised law entity may practise Cayman Islands law\n26. Subject to compliance with this Act and regulations made under this Act, a recognised\nlaw entity may \u2014\n(a)\npractise Cayman Islands law in the Islands; or\n(b) practise Cayman Islands law in another jurisdiction with an affiliate,\nsubject also to compliance with the law of that jurisdiction.\n27.\nExemptions for Attorney General and Director of Public Prosecutions\n27. Nothing in this Act shall \u2014\n(a)\nprejudice or affect the rights, including the right in connection with the\nduties of the Attorney General to act as an advocate, or privileges of the\nAttorney General or of any person holding public office in the Attorney\nGeneral\u2019s chambers or of a person instructed by or on behalf of the\nAttorney General to appear for the Attorney General in any cause or matter\nand who possesses the prescribed qualification; or\n(b) prejudice or affect the rights, including the right in connection with the\nduties of the Director of Public Prosecutions to act as an advocate, or\nprivileges of the Director of Public Prosecutions or of any person holding\npublic office in the Office of the Director of Public Prosecutions or of a\nperson instructed by or on behalf of the Director of Public Prosecutions to\nappear for the Director of Public Prosecutions in any cause or matter and\nwho possesses the prescribed qualification.\n28.\nAbility to practise Cayman Islands law or establish as a law firm\n28. (1) Nothing in this Part affects any ability a person, whether or not an attorney-atlaw, may have under any other Act to practise Cayman Islands law.\n\nSection 29\nLegal Services Act, 2020\n\nPage 18\nAct 57 of 2020\nc\n\n(2) Nothing in this Part prohibits an attorney-at-law from establishing that attorneyat-law as a law firm or as a partner or member of a law firm except that \u2014\n(a)\nin the case of a law firm that is an attorney-at-law practising Cayman\nIslands law in the Islands as a sole practitioner, the attorney-at-law shall\nbe a Caymanian; or\n(b) in the case of a law firm that is a recognised law entity, at least one member\nor partner of the recognised law entity shall be an attorney-at-law who is a\nCaymanian.\nPART 4 - ADMISSION AS AN ATTORNEY-AT-LAW\n29.\nAdmission\n29. (1) Subject to subsection (2), a judge may, on an application made in accordance\nwith this Act, admit a person as an attorney-at-law.\n(2) A judge shall not admit a person as an attorney-at-law under subsection (1)\nunless the judge is satisfied that the person \u2014\n(a)\nhas a personal qualification for admission set out in section 30;\n(b) has the additional personal qualifications set out in section 31;\n(c)\nhas obtained a professional qualification set out in section 32;\n(d) has any additional post-foreign qualification experience required by\nsection 33; and\n(e)\nis otherwise a fit and proper person to be an attorney-at-law.\n30.\nPersonal qualification required for admission\n30. To be admitted as an attorney-at-law, a person shall \u2014\n(a)\nbe a Caymanian;\n(b) hold a work permit or a Residency and Employment Rights Certificate or\notherwise be entitled under the Immigration (Transition) Act, 2018 to\nreside and work in the Islands as an attorney-at-law in the capacity in\nwhich the person is or is to be employed;\n(c)\nbe employed by the Government or a statutory authority; or\n(d) be ordinarily resident in another jurisdiction and be a partner, director,\nmember, employee, associate or consultant of a law firm or an affiliate of\na law firm.\n31.\nAdditional personal qualifications\n31. To be admitted as an attorney-at-law, a person shall satisfy a judge that the person \u2014\n(a)\nis not an undischarged bankrupt;\n\nLegal Services Act, 2020\nSection 32\n\nc\nAct 57 of 2020\nPage 19\n\n(b) has not engaged in conduct that would constitute an act of professional\nmisconduct under this Act; and\n(c)\nis not disbarred for professional misconduct from practising law in another\njurisdiction.\n32.\nProfessional qualification required for admission\n32. (1) To be admitted as an attorney-at-law, a person shall satisfy a judge that the\nperson \u2014\n(a)\nis qualified locally as specified in subsection (2); or\n(b) has a foreign qualification as specified in subsection (3).\n(2) A person is qualified locally if the person \u2014\n(a)\nhas obtained the prescribed educational qualifications in the study of law;\nand\n(b) has undertaken the prescribed period of articles of clerkship in accordance\nwith regulations made under section 71(2)(b).\n(3) A person has a foreign qualification if the person \u2014\n(a)\nis enrolled as a solicitor in England and Wales or Northern Ireland;\n(b) has successfully completed the Bar Professional Training Course or a\nqualification considered equivalent to that course by the Bar Council of\nEngland and Wales and, in either case, has served twelve months pupillage\nin England, Wales or Northern Ireland;\n(c)\nis a member of the Faculty of Advocates of Scotland or a writer to the\nSignet of Scotland, a Law Agent or solicitor admitted to practise in\nScotland;\n(d) is an attorney-at-law of the Supreme Court of Jamaica; or\n(e)\nis entitled to practise law in any court of \u2014\n(i)\nAustralia;\n(ii) Canada;\n(iii) a jurisdiction which is a Member of the Caribbean Community that\nis also a Member of the Commonwealth of Nations;\n(iv) the Eastern Caribbean Supreme Court;\n(v) Ireland;\n(vi) Hong Kong;\n(vii) New Zealand; or\n(viii) any other jurisdiction prescribed by Cabinet by Order made upon the\nrecommendation of the Council, being a jurisdiction that has\nadmission qualifications comparable to those mentioned in\nsubsection (2).\n\nSection 33\nLegal Services Act, 2020\n\nPage 20\nAct 57 of 2020\nc\n\n33.\nPost- foreign qualification experience requirement\n33. (1) To be admitted as an attorney-at-law, by virtue of a foreign qualification, a\nperson shall have had at least five years post-qualification experience in the\npractice of law in another jurisdiction.\n(2) The person under subsection (1) shall be in good standing on a register or its\nequivalent maintained by a court or other relevant body of the relevant\njurisdiction for the purpose of section 32(3) that contains the name of each\nperson entitled to practise law in that jurisdiction.\n(3) The post-qualification experience requirements under subsection (1) shall not\napply if the person is a Caymanian or the holder of a Residency and Employment\nRights Certificate.\n34.\nApplication for admission\n34. (1) A person may apply for admission to practise as an attorney-at-law by motion\nto the Court.\n(2) An application under subsection (1) shall be filed with the Clerk of the Court\ntogether with \u2014\n(a)\nan affidavit that sets out the facts by virtue of which the person claims to\nbe qualified to be admitted;\n(b) the documentary evidence set out in subsection (3); and\n(c)\nthe prescribed admission fee.\n(3) The documentary evidence referred to in subsection (2)(b) is evidence as to \u2014\n(a)\nthe person\u2019s personal qualification for admission as set out in section 30;\n(b) the person\u2019s additional personal qualifications as set out in section 31;\n(c)\nthe person\u2019s professional qualification as set out in section 32; and\n(d) if the person is applying by virtue of a foreign qualification to which\nsection 32(3) applies, evidence as to \u2014\n(i)\nthe person\u2019s possession of any additional post-foreign qualification\nexperience as required by section 33(1); and\n(ii) the person\u2019s professional good standing in the jurisdiction in which\nthe person obtained the foreign qualification as required by\nsection 33(2).\n35.\nApplication for admission to practise in a specified suit or matter\n35. (1) An application may be made in the Islands to a judge to permit a person to\nappear, advise or act in a specified suit or matter if the person has come or\nintends to come to the Islands for that purpose.\n\nLegal Services Act, 2020\nSection 35\n\nc\nAct 57 of 2020\nPage 21\n\n(2) If the judge gives the permission, the person may carry out the functions of an\nattorney-at-law for the specified suit or matter upon obtaining a practising\ncertificate limited to those functions.\n(3) An application under subsection (1) shall be made by a law firm.\n(4) The law firm shall satisfy the judge \u2014\n(a)\nthat the law firm has instructed the person to appear, act or advise in the\nspecified suit or matter;\n(b) that the person has the qualifications in law required to appear, act or\nadvise in the specified suit or matter; and\n(c)\nin the case of an application to allow a person, other than a Queen\u2019s\nCounsel, or equivalent, and practising as such in any court of a jurisdiction\nreferred to in section 32(3), to appear, to advise or to act in a specified suit\nor matter, that there are exceptional circumstances to justify approving the\napplication and for this purpose, the fact that the applicant law firm does\nnot itself have sufficient capacity to act or to advise in the specified suit or\nmatter shall not be considered an exceptional circumstance.\n(5) A judge, when considering an application under subsection (1) made by a law\nfirm, shall, in particular, consider \u2014\n(a)\nthe complexity of the specified suit or matter and the need for a specialist\nin respect of the suit or matter;\n(b) the professional experience and expertise of the person proposed to appear,\nto advise or to act in the specified suit or matter; and\n(c)\nwhether approval of the application would be consistent with public\npolicy, including \u2014\n(i)\nthe promotion of the legal profession and advocacy in the Islands, its\nsustainability, competence and advancement;\n(ii) the promotion and maintenance of a fair and efficient court system in\nthe Islands; and\n(iii) the Grand Court Rules, 1995 (Revised).\n(6) An application under subsection (1) shall be accompanied the prescribed\napplication fee.\n(7) Part 11 shall apply to a person referred to in subsection (1) as if the person were\nan attorney-at-law.\n(8) The Rules Committee of the Grand Court may make rules for the better\nimplementation of this section.\n\nSection 36\nLegal Services Act, 2020\n\nPage 22\nAct 57 of 2020\nc\n\nPART 5 - ATTORNEYS-AT-LAW\n36.\nStatus of attorneys-at-law\n36. (1) Subject to subsection (2), an attorney-at-law is an officer of the Court.\n(2) An attorney-at-law shall not appear on behalf of another person in a court,\ntribunal or inquiry in the Islands if the attorney-at-law holds a practising\ncertificate issued pursuant to section 48(2)(b).\n(3) Subsection (2) shall not apply to an attorney-at-law who is Caymanian.\n37.\nRequirements to comply with obligations and to observe Code of\nProfessional Conduct\n37. (1) An attorney-at-law or a recognised law entity shall comply with an obligation\nimposed on the attorney-at-law or recognised law entity under this Act or\nRegulations made under this Act.\n(2) A failure to comply with subsection (1) amounts to professional misconduct and\naccordingly may be the subject of disciplinary proceedings.\n(3) The Council shall, after consultation with the legal profession, issue and publish\nin the Gazette as well as in such other media as the Council determines a Code\nof Professional Conduct for attorneys-at-law and recognised law entities within\nsixty days after the commencement of this Act.\n(4) An attorney-at-law or a recognised law entity shall observe the Code of\nProfessional Conduct issued under subsection (3).\n(5) Notwithstanding subsection (1) and (4), a failure to comply with subsection (4)\nmay amount to professional misconduct and any such failure may in disciplinary\nproceedings in relation to the attorney-at-law or a recognised law entity be relied\nupon as evidence to establish professional misconduct by the attorney-at-law or\nrecognised law entity.\n38.\nClerk of the Court to keep a Roll of attorneys-at-law\n38. (1) The Clerk of the Court shall keep a register which shall be known as the Court\nRoll.\n(2) The Clerk of the Court shall, in respect of each person admitted for the time\nbeing to practise as an attorney-at-law, enter on the Roll \u2014\n(a)\nthe person\u2019s full name and business address;\n(b) the person\u2019s nationality;\n(c)\nthe date the person was first admitted to practise Cayman Islands law;\n(d) details of the qualifications in respect of which the person was admitted to\npractise law;\n\nLegal Services Act, 2020\nSection 39\n\nc\nAct 57 of 2020\nPage 23\n\n(e)\nthe area of law in which the person specialises and a description of the\nperson\u2019s post-qualification experience in that area;\n(f)\nthe name of the person\u2019s employer, if any; and\n(g) all the jurisdictions in which the person practises Cayman Islands law.\n(3) The Roll may be kept in the form of an electronic record to which the Electronic\nTransactions Act (2003 Revision) applies.\n39.\nRoll to be open for inspection\n39. (1) The Clerk of the Court shall keep the Roll and documents relating to the Roll at\nthe Court.\n(2) If the Office of the Court is open, the Clerk of the Court shall permit a person\nto inspect the Roll free of charge.\n40.\nCertificate of enrolment\n40. (1) Upon the name of a person being entered in the Roll, the Clerk of the Court shall\ngrant a certificate of enrolment in the prescribed form to the person.\n(2) The certificate of enrolment is to be granted under the seal of the Court and shall\nbe signed by the Clerk of the Court.\n(3) The production of the certificate of enrolment is evidence that the person named\nin the certificate of enrolment is enrolled as an attorney-at-law.\n(4) The certificate of enrolment is admissible in evidence without further proof of\nits sealing and signing.\n41.\nAlteration in enrolment details\n41. (1) If there is an alteration in the details registered in the Roll in respect of an\nattorney-at-law, the attorney-at-law shall, within thirty days of the alteration,\nnotify the Clerk of the Court giving details of the alteration.\n(3) After the notification is given under subsection (1), the Clerk of the Court shall\namend the Roll as appropriate.\n42.\nVoluntary removal of name from Roll\n42. (1) An attorney-at-law may apply to the Clerk of the Court to have the name of the\nattorney-at-law removed from the Roll.\n(2) The Clerk of the Court may remove the name of an attorney-at-law who applies\nto be removed from the Roll under subsection (1) from the Roll.\n(3) Rules of Court may prescribe the form and manner of an application under\nsubsection (1).\n\nSection 43\nLegal Services Act, 2020\n\nPage 24\nAct 57 of 2020\nc\n\n43.\nRemoval of name from Roll for non-practice\n43. (1) This section applies where the name of an attorney-at-law who is not a\nCaymanian appears on the Roll but the attorney-at-law has ceased to hold a\npractising certificate.\n(2) The Clerk of the Court shall as soon as practicable after of an attorney-at-law\nwho is not a Caymanian ceases to hold a practising certificate send a notice to\nthe attorney-at-law at the residential address of the attorney-at-law entered on\nthe Roll.\n(3) The notice under subsection (2) shall inform the attorney-at-law that unless the\nattorney-at-law \u2014\n(a)\napplies for a practising certificate; or\n(b) is with a law firm or an in-house counsel and applies to keep the attorneyat-law\u2019s name on the Roll,\nthe Clerk of the Court shall remove the name of the attorney-at-law from the\nRoll after twelve months of the service of the notice.\n(4) If, within twelve months after the service of the notice under subsection (2), the\nattorney-at-law has not applied for a practising certificate or applied to keep the\nattorney-at-law\u2019s name on the Roll, the Clerk of the Court shall remove the name\nof the attorney-at-law from the Roll.\n(5) The Clerk of the Court shall, as soon as practicable, publish the name of any\nattorney-at-law whose name has been removed from the Roll under this section.\n(6) If the Clerk of the Court removes the name of an attorney-at-law from the Roll\nunder this section, the Clerk of the Court shall \u2014\n(a)\nimmediately following the removal, provide the Council with the name of\nthe attorney-at-law that has been removed from the Roll under this section;\nand\n(b) as soon as practicable after the removal, publish a notice stating that the\nname of the attorney-at-law has been removed from the Roll under this\nsection.\n44.\nKeeping name on Roll\n44. (1) This section applies if an attorney-at-law who is not a Caymanian \u2014\n(a)\nis employed by a law firm or an affiliate of a law firm; or\n(b) is an in-house counsel,\nand does not wish to practise Cayman Islands law but wishes to keep the\nattorney-at-law\u2019s name on the Roll.\n(2) An attorney-at-law referred to in subsection (1) may apply, before 31st January\nin each year, to the Clerk of the Court to keep the attorney-at-law\u2019s name on the\nRoll.\n\nLegal Services Act, 2020\nSection 45\n\nc\nAct 57 of 2020\nPage 25\n\n(3) An application under subsection (2) shall \u2014\n(a)\nbe made on a form approved for the purpose by the Clerk of the Court;\n(b) be accompanied by the prescribed fee; and\n(c)\nbe accompanied by evidence that the attorney-at-law does not owe any\npenalty to the Council.\n(4) The application form approved by the Clerk of the Court under subsection (3)(a)\nshall require the attorney-at-law to \u2014\n(a)\nspecify the attorney-at-law\u2019s current residential or business address and if\nthe attorney-at-law is with a law firm or its affiliate, the name and address\nof the law firm or its affiliate;\n(b) specify every jurisdiction, other than the Islands, in which the attorney-atlaw is admitted to practise law; and\n(c)\nstate whether or not the attorney-at-law is or has been the subject of a\ndisciplinary complaint or any other action that could cause or did cause the\nattorney-at-law\u2019s name to be struck off the roll of a jurisdiction in which\nthe attorney-at-law is or was admitted.\n(5) If the Clerk of the Court refuses to keep the name of the attorney-at-law on the\nRoll, the attorney-at-law may, within thirty days of the refusal, appeal to the\nCourt against the refusal on the grounds that the refusal was unreasonable\nhaving regard to all the circumstances.\n45.\nLaw firm - obligation to give notice\n45. (1) This section applies if a law firm or an affiliate of a law firm ceases to employ\nin another jurisdiction an attorney-at-law who is not a Caymanian.\n(2) A law firm shall, on or before 31st January in each year by written notice, inform\nthe Clerk of the Court of the name of each attorney-at-law that has ceased to be\nemployed during the previous twelve months in accordance with subsection (1).\n(3) An attorney-at-law referred to in subsection (2) may, by written notice, apply to\nthe Clerk of the Court to have the attorney-at-law\u2019s name kept on the Roll stating\nthe reason, consistent with this Act, why the attorney-at-law\u2019s name should\nremain on the Roll.\n(4) After receipt of the notice from the law firm and any notice from the attorneyat-law, the Clerk of the Court shall remove the name of the attorney-at-law from\nthe Roll unless the attorney-at-law has satisfied the Clerk of the Court that there\nare adequate reasons consistent with this Act for not removing the name of the\nattorney-at-law from the Roll.\n(5) If the Clerk of the Court removes the name of an attorney-at-law from the Roll\nunder this section, the Clerk of the Court shall \u2014\n\nSection 46\nLegal Services Act, 2020\n\nPage 26\nAct 57 of 2020\nc\n\n(a)\nimmediately following the removal, provide the Council with the name of\nthe attorney-at-law that has been removed from the Roll under this section;\nand\n(b) as soon as practicable after the removal, publish a notice stating that the\nname of the attorney-at-law has been removed from the Roll under this\nsection.\n(6) The managers of a law firm shall ensure that the law firm complies with this\nsection.\n(7) If a law firm fails to comply with a requirement of this section each manager of\nthe law firm commits an offence and is liable on summary conviction to a fine\nof ten thousand dollars.\n46.\nAttorney-at-law may administer oaths\n46. An attorney-at-law may administer oaths.\n47.\nAttorney-at-law and recognised law entity may sue for fees and costs\n47. (1) An attorney-at-law or a recognised law entity may sue for fees and costs in\nrespect of services rendered by the attorney-at-law or recognised law entity as\nan attorney-at-law or recognised law entity, as the case may be.\n(2) Notwithstanding subsection (1) \u2014\n(a)\nan attorney-at-law may not sue for fees and costs except in respect of\nservices rendered by the attorney-at-law when the attorney-at-law held a\npractising certificate that authorised the attorney-at-law to render the\nservice; and\n(b) a recognised law entity may not sue for fees and costs except in respect of\nservices rendered by the recognised law entity when the recognised law\nentity was under this Act, a recognised law entity.\nPART 6 - PRACTISING CERTIFICATES\n48.\nAttorney-at-law shall have a practising certificate to practise\n48. (1) An attorney-at-law shall not practise Cayman Islands law other than in\naccordance with subsection (2) or (4).\n(2) A practising certificate may authorise an attorney-at-law to do any of the\nfollowing \u2014\n(a)\nto practise Cayman Islands law principally in the Islands; or\n(b) to practise Cayman Islands law principally in another jurisdiction.\n(3) An attorney-at-law who holds a practising certificate \u2014\n\nLegal Services Act, 2020\nSection 49\n\nc\nAct 57 of 2020\nPage 27\n\n(a)\nissued under subsection (2)(a), shall not be in breach of this section by\npractising Cayman Islands law outside of the Islands, provided that the\nattorney-at-law\u2019s principal place of practice remains within the Islands; or\n(b) issued pursuant to subsection (2)(b), shall not be in breach of this section\nby practising Cayman Islands law in the Islands or elsewhere, provided\nthat the attorney-at-law\u2019s principal place of practice remains within that\nother jurisdiction.\n(4) A Government attorney-at-law is deemed to be the holder of a practising\ncertificate authorising the attorney-at-law to practise Cayman Islands law both\nin the Islands and in another jurisdiction on behalf of the Government.\n(5) A certificate in the form approved by the Attorney General and signed by the\nAttorney General to the effect that a particular person is a Government attorneyat-law is evidence of that fact.\n49.\nApplication for practising certificate\n49. (1) An attorney-at-law may obtain a practising certificate on application to the\nCouncil.\n(2) An application for a practising certificate shall, subject to subsection (3), be\nmade by a law firm, an in-house counsel or a statutory authority in the form\napproved for the purpose by the Council and shall be accompanied by the\nprescribed practising certificate fee.\n(3) An application for a practising certificate shall \u2014\n(a)\nstate the jurisdiction that will be the attorney-at-law\u2019s principal place of\npractice during the currency of the practising certificate applied for;\n(b) specify any jurisdiction, other than the Islands, in which the attorney-atlaw is admitted to practise law; and\n(c)\nstate whether or not the attorney-at-law is or has been the subject of a\ndisciplinary complaint or any other action that could cause or did cause the\nattorney-at-law\u2019s name to be struck off the roll of a jurisdiction in which\nthe attorney-at-law is or was admitted.\n50\nIssue of practising certificate\n50. (1) The Council may, on an application made in accordance with section 49, issue\na practising certificate.\n(2) The Council shall issue and publish guidance on the matters that the Council\nshall have regard to in issuing a practising certificate including \u2014\n(a)\nthe number of practising certificates that are issued to attorneys-at-law\npractising Cayman Islands law in another jurisdiction with affiliates of the\nlaw firm;\n\nSection (\nLegal Services Act, 2020\n\nPage 28\nAct 57 of 2020\nc\n\n(b) the compliance by the attorney-at-law with any applicable programme of\nlegal education and practical legal training that will be undertaken in the\nattorney-at-law\u2019s principal place of practice during the currency of the\npractising certificate;\n(c)\nthe jurisdiction that will be the attorney-at-law\u2019s principal place of practice\nduring the currency of the practising certificate; and\n(d) compliance by the law firm, its affiliates and the attorney-at-law with this\nAct and regulations made under this Act.\n(3) The Council shall, before determining an application under subsection (1) for\nan attorney-at-law to practise Cayman Islands law in another jurisdiction, have\nregard to the matters specified in the guidance issued and published under\nsubsection (2).\n(4) Notwithstanding subsection (1), if in an application for a practising certificate,\nit is stated that an attorney-at-law is \u2014\n(a)\nsuspended from practice; or\n(b) the subject of a disciplinary complaint or any other action that could cause\nor caused the attorney-at-law\u2019s name to be struck off the roll of a\njurisdiction in which the attorney-at-law is or was admitted,\nthe Council shall not issue a practising certificate except pursuant to an order of\nthe Court.\n(5) In determining whether to issue a practising certificate authorising an attorneyat-law to practise Cayman Islands law in another jurisdiction, the Council shall\nhave regard to the matters specified in the guidance issued and published under\nsubsection (2).\n(6) Notwithstanding subsection (1), the Council shall not issue a practising\ncertificate that authorises an attorney-at-law to practise Cayman Islands law in\nanother jurisdiction if the total number of attorneys-at-law practising in all other\njurisdictions with affiliates of the law firm would exceed the number of\nattorneys-at-law practising in the Islands with the law firm.\n(7) Notwithstanding subsection (1), the Council shall not issue a practising\ncertificate that authorises an attorney-at-law to practise Cayman Islands law in\nanother jurisdiction unless the attorney-at-law swears the prescribed oath or\nmakes the prescribed affirmation.\n(8) A practising certificate shall be in the form approved by the Council.\n(9) A practising certificate is valid from the date of its issue and expires on 31st\nJanuary of the ensuing year unless before that date the practising certificate\nbecomes void.\n\nLegal Services Act, 2020\nSection 51\n\nc\nAct 57 of 2020\nPage 29\n\n51.\nWhen a practising certificate becomes void\n51. A practising certificate issued to an attorney-at-law becomes void \u2014\n(a)\non the name of the attorney-at-law being removed from the Roll;\n(b) on the attorney-at-law being suspended from practice;\n(c)\non the attorney-at-law being adjudicated bankrupt; or\n(d) when an attorney-at-law, other than a Caymanian or a holder of a\nResidency and Employments Rights Certificate, ceases to be \u2014\n(i)\nemployed by a law firm or an affiliate of a law firm; or\n(ii) an in-house counsel.\n52.\nDetails of practising certificates to be published\n52. (1) The Council shall publish \u2014\n(a)\nduring February in each year, an alphabetical list of attorneys-at-law who\nhave at the previous 31st January obtained a practising certificate; and\n(b) thereafter, as soon as practicable, the name of any attorney-at-law who\nsubsequently obtains a practising certificate during that year.\n(2) As soon as practicable after the Council becomes aware that a practising\ncertificate has become void, the Council shall publish the name of the attorneyat-law who held the practising certificate and the fact that attorney-at-law\u2019s\npractising certificate has become void.\nPART 7 - RECOGNISED LAW ENTITY\n53.\nApplications for recognition\n53. (1) An application by a company, partnership or limited liability partnership for\nrecognition as a recognised law entity shall be made on a form approved for the\npurpose by the Council.\n(2) An application under subsection (1) shall be accompanied by the prescribed\napplication fee.\n54.\nRecognition by Council\n54. (1) The Council may, subject subsection (2), recognise a company, partnership or\nlimited liability partnership as a recognised law entity if the Council \u2014\n(a)\nis satisfied that the company, partnership or limited liability partnership\ncomplies with section 28(2)(b); and\n(b) subject to subsection (2), is otherwise satisfied that the company,\npartnership or limited liability partnership is a suitable body to practise\nCayman Islands law.\n\nSection 55\nLegal Services Act, 2020\n\nPage 30\nAct 57 of 2020\nc\n\n(2) The Council shall have regard to such matters as may be prescribed in\ndetermining whether to recognise a company, partnership or limited liability\npartnership as a recognised law entity.\n55.\nCouncil to issue certificate of recognition\n55. (1) If the Council recognises a company, partnership or limited liability partnership\nas a recognised law entity, the Council shall issue a certificate of recognition to\nthe company, partnership or limited liability partnership.\n(2) A certificate of recognition shall be in a form approved by the Council and shall\nspecify the name of the recognised law entity and its registered office.\n(3) The Council shall also publish a notice stating that the company, partnership or\nlimited liability partnership has been recognised as a recognised law entity and\nits name.\n56.\nAppeal against refusal of recognition\n56. If the Council refuses to recognise a company, partnership or limited liability\npartnership as a recognised law entity, the company, partnership or limited liability\npartnership may with leave of the Court of Appeal, appeal to the Court of Appeal\nagainst the refusal on the grounds that the refusal was unreasonable having regard to\nall the circumstances.\n57.\nChanges to be notified\n57. A recognised law entity shall, within sixty days after a change in its directors,\nmanagers, members or partners, notify the Council of the change.\n58.\nRecognised law entity may only practise Cayman Islands law\n58. (1) A recognised law entity shall not carry on any business other than the practice\nof Cayman Islands law.\n(2) Notwithstanding subsection (1), a recognised law entity may, with the approval\nof the Council, carry on a business associated with its practice of Cayman\nIslands law.\n(3) If a recognised law entity fails to comply with this section, it ceases to be a\nrecognised law entity.\n59\nName of a recognised law entity\n59. A recognised law entity may carry on business under a name that does not include the\nword \u201cLimited\u201d, or the abbreviation \u201cLtd.\u201d, if it holds itself out to be a recognised\nlaw entity.\n\nLegal Services Act, 2020\nSection 60\n\nc\nAct 57 of 2020\nPage 31\n\n60.\nRecognised law entity wound up\n60. A recognised law entity ceases to be a recognised law entity if a winding up order or\nits equivalent under the Companies Act (2020 Revision), Limited Liability Companies\nAct (2020 Revision), Partnership Act (2013 Revision) or the Limited Liability\nPartnership Act, 2017 is made in respect of it.\n61.\nCompany ceasing to be a recognised law entity and continuing to practise\n61. (1) If a company, partnership or limited liability partnership ceases to be a\nrecognised law entity but continues to practise Cayman Islands law, in addition\nto the company, partnership or limited liability partnership committing an\noffence under section 62, each director, partner, manager or member of the\ncompany, partnership or limited liability partnership who is an attorney-at-law\nis guilty of professional misconduct.\n(2) As soon as practicable after the Council becomes aware that a company,\npartnership or limited liability partnership has ceased to be a recognised law\nentity, the Council shall publish the name of the company, partnership or limited\nliability partnership and the fact that it has ceased to be a recognised law entity.\n62.\nFalsely claiming to be a recognised law entity\n62. (1) A person shall not describe itself as a recognised law entity or hold itself out as\na recognised law entity unless it is a recognised law entity.\n(2) A person that acts in contravention of subsection (1) commits an offence and is\nliable on summary conviction to a fine of one hundred thousand dollars.\nPART 8 - LAW FIRMS\n63.\nPractice of Cayman Islands law by attorney-at-law in another jurisdiction\n63. (1) An attorney-at-law other than a Caymanian shall not practise Cayman Islands\nlaw in another jurisdiction otherwise than with a law firm or with an affiliate of\na law firm.\n(2) An attorney-at-law who contravenes subsection (1) commits an offence and is\nliable on summary conviction to a fine of fifty thousand dollars or to\nimprisonment for a term of two years, or to both.\n64.\nAnnual operational licence\n64. (1) A law firm shall have an annual operational licence to practise Cayman Islands\nlaw.\n(2) Subject to subsection (4), a law firm shall apply to the Council for an annual\noperational licence in the form approved by the Council.\n\nSection 65\nLegal Services Act, 2020\n\nPage 32\nAct 57 of 2020\nc\n\n(3) An application under subsection (2) shall be accompanied by the prescribed\nannual operational licence fee.\n(4) The form of an application approved by the Council under subsection (2) shall\nrequire the law firm to supply \u2014\n(a)\nthe law firm\u2019s name;\n(b) the address or addresses both in the Islands and in another jurisdiction\nwhere the law firm or any affiliate of the law firm practises Cayman\nIslands law; and\n(c)\nthe name of each of the attorneys-at-law in practice with the law firm or\nany affiliate of the law firm, whether in the Islands or in another\njurisdiction, who hold practising certificates.\n(5) Subject to subsection (6), an annual operational licence is valid from the date of\nissue and expires on 31st January of the next year.\n(6) The Council may suspend or revoke an annual operational licence where a law\nfirm breaches a provision of this Act or regulations made under this Act.\n(7) The Council shall, before 31st March in each year, publish in the Gazette a list\nof law firms with an annual operational licence as at that date.\n65.\nInsurance\n65. The Cabinet shall, after consultation with the Council, make regulations requiring law\nfirms to secure insurance for a prescribed minimum amount of cover against losses\narising from claims in respect of civil liabilities incurred by such law firms in the\npractice of Cayman Islands law and any business associated with the practice of\nCayman Islands law permitted under this Act.\n66.\nAnnual compliance certificate\n66. (1) A law firm shall, on or before 31st January in each year, deliver to the Council\na certificate indicating whether or not the law firm has, during the previous\nyear \u2014\n(a)\ncomplied with each obligation imposed on the law firm and any affiliate\nby this Act; and\n(b) where the law firm is a recognised law entity, complied with the criteria to\nmaintain its status as a recognised law entity.\n(2) If the law firm and any affiliate has not, during the previous year, complied with\nany of the obligations referred to under subsection (1), the law firm shall\nconcurrently with the delivery of the annual compliance certificate specify to\nthe Council which obligation has not been met and the action (if any) the law\nfirm and any affiliate has subsequently taken to ensure future compliance with\nthe obligation.\n\nLegal Services Act, 2020\nSection 67\n\nc\nAct 57 of 2020\nPage 33\n\n(3) The managers of a law firm shall ensure that the law firm and any affiliate\ncomplies with subsection (1) and that the annual compliance certificate the law\nfirm delivers is complete and correct in all material respects.\n(4) The annual compliance certificate shall be signed by a manager of the law firm.\n(5) If a law firm fails to comply with a requirement of this section each manager of\nthe law firm commits an offence and is liable on summary conviction to a fine\nof twenty thousand dollars.\nPART 9 - LOCAL EDUCATION AND TRAINING\n67.\nRecognised legal educators\n67. (1) The Council may designate a legal educator as a recognised legal educator for\nthe purpose of this Part if the Council is satisfied that the legal educator has the\nfacilities required to provide legal education or practical legal training to a\nstandard required by this Part.\n(2) A legal educator seeking designation as a recognised legal educator shall apply\nto the Council in accordance with this section.\n(3) An application under subsection (1) shall be accompanied by evidence\nsufficient to show that the legal educator has the facilities necessary to provide\nlegal education or practical legal training to the required standard.\n(4) If the Council designates a legal educator as a recognised legal educator, the\nCouncil shall publish, in the Gazette and such other media as the Council may\ndetermine, the name of the legal educator and the fact that the legal educator has\nbeen recognised by the Council.\n(5) The Council may, by at least one month\u2019s written notice to a legal educator,\ncancel the designation as a recognised legal educator if the Council is satisfied\nthat the legal educator is failing to provide legal education or practical legal\ntraining to a standard required by this Act.\n(6) If the Council cancels the designation of a legal educator as a recognised legal\neducator under subsection (5), the Council shall publish, in the Gazette and such\nother media as the Council may determine, the name of the legal educator and\nthe fact that the designation as a recognised legal educator has been cancelled\nby the Council.\n(7) A legal educator, whether or not providing or intending to provide legal\neducation, that falsely holds itself out as a recognised legal educator commits\nan offence and is liable on summary conviction to a fine of fifty thousand\ndollars.\n(8) In this section \u2014\n\nSection 68\nLegal Services Act, 2020\n\nPage 34\nAct 57 of 2020\nc\n\n\u201cto provide legal education or practical legal training\u201d, in addition to\nproviding legal education or practical legal training for attorneys-at-law or\nprospective attorneys-at-laws, includes providing legal education or practical\nlegal training in relation to paralegal assistants, legal secretaries or other persons\ninvolved in the practice of law; and\n\u201clegal educator\u201d means a person that is capable of providing legal education or\npractical legal training.\n68.\nSystem of legal education and practical legal training\n68. (1) The Council may make arrangements for the provision of a system of legal\neducation and practical legal training leading to local qualification for enrolment\nas an attorney-at-law.\n(2) The Council may make arrangements requiring a person admitted as an\nattorney-at-law to participate in a programme of legal education or practical\nlegal training.\n(3) The Cabinet, after consultation with the Council, may make regulations relating\nto matters connected with the Council\u2019s functions under subsection (1).\n(4) The Cabinet, after consultation with the Council, may make regulations relating\nto matters connected with the Council\u2019s functions under subsection (2).\n69.\nRegulations in respect of qualifying as an attorney-at-law\n69. Without prejudice to the generality of section 68(3), regulations made under that\nsection may prescribe \u2014\n(a)\nthe qualifications required for enrolment as an attorney-at-law including\nrequirements for any of the following \u2014\n(i)\nthe successful completion of a prescribed period of service under\narticles of clerkship; and\n(ii) the attainment of prescribed academic qualifications;\n(b) the qualifications required for admission to legal education in the Islands;\n(c)\nthe examinations to be taken for enrolment for legal education and for\nadmission including \u2014\n(i)\nthe papers that are to be set;\n(ii) the syllabuses to be followed;\n(iii) the courses of lectures to be given by suitably qualified lecturers in\nany subject included in the examination;\n(iv) the time and place at which an examination may be held;\n(v) the setting, correcting and marking of papers;\n(vi) the conduct of the examinations; and\n\nLegal Services Act, 2020\nSection 70\n\nc\nAct 57 of 2020\nPage 35\n\n(vii) the fees to be paid for examinations for enrolment and admission;\nand\n(d) different examinations in respect of persons who \u2014\n(i)\npossess different qualifications; or\n(ii) have followed or are following different courses of study.\n70\nRegulations for programme of legal education or practical legal training\n70. Without prejudice to the generality of section 68(4), regulations made under that\nsection may prescribe \u2014\n(a)\nthe times and places at which the programme of legal education or practical\nlegal training is to be held;\n(b) the subjects to be covered by the programme of legal education or practical\nlegal training; and\n(c)\nthe persons that may provide the programme of legal education or practical\nlegal training.\nPART 10 - ARTICLES OF CLERKSHIP\n71.\nRegulations - service under articles of clerkship\n71. (1) The Cabinet, after consultation with the Council, may make regulations in\nrespect of service under articles of clerkship.\n(2) Without prejudice to the generality of subsection (1), regulations made under\nthat subsection may \u2014\n(a)\nprescribe the minimum qualifications required by a person to be admitted\nfor service under articles of clerkship;\n(b) prescribe the period for which articles of clerkship shall be undertaken;\n(c)\nprovide for the terms, including remuneration and conditions of service,\non which an articled clerk may be taken and retained by an attorney-atlaw;\n(d) provide for the conduct, duties and responsibilities towards each other of\nthe parties to articles of clerkship; and\n(e)\nmay make different provision in relation to different categories of persons.\n72.\nQualifications required to take on an articled clerk\n72. (1) An attorney-at-law \u2014\n(a)\nwho has been admitted as a legal practitioner in any jurisdiction for at least\nseven continuous years; and\n(b) who has held a Cayman Islands practising certificate for at least five years,\n\nSection 73\nLegal Services Act, 2020\n\nPage 36\nAct 57 of 2020\nc\n\nmay take a person with the prescribed qualification into that attorney-at-law\u2019s\nservice as an articled clerk.\n(2) An attorney-at-law who has two or more articled clerks in that attorney-at-law\u2019s\nservice may not take any additional articled clerk into that attorney-at-law\u2019s\nservice without the written approval of the Council.\n73.\nRecognised law entity may take on an articled clerk\n73. A recognised law entity may take on a person with the prescribed qualifications into\nthat recognised law entity\u2019s service as an articled clerk.\n74.\nArticles of Clerkship served in Government offices\n74. (1) The Attorney General and, with the leave of the Attorney General, the Director\nof Public Prosecutions and the Clerk of the Court may take an articled clerk into\ntheir respective service.\n(2) The provisions of this Part, except section 72(2), that apply to attorneys-at-law\nand articled clerks in their service apply equally to the Attorney General,\nDirector of Public Prosecutions and Clerk of the Court and to articled clerks in\ntheir respective service.\n75.\nService in a legal or judicial department\n75. If the Council is satisfied that a person in a legal or judicial department of the public\nservice is performing duties that are mainly legal in nature, the Council may certify\nthat time spent by a person in the legal or judicial department performing those duties\nis equivalent to a similar time spent in the service of an attorney-at-law under articles\nof clerkship.\n76.\nPower of the Council to discharge articles of clerkship\n76. The Council may discharge the articles of clerkship of the articled clerk upon such\nterms as the Council thinks fit if \u2014\n(a)\nan attorney-at-law to whom an articled clerk is articled is declared\nbankrupt;\n(b) the name of an attorney-at-law to whom an articled clerk is articled is\nstruck off the Roll;\n(c)\nan attorney-at-law to whom an articled clerk is articled is suspended from\npractice;\n(d) a recognised law entity to which an articled clerk is articled is wound up;\n(e)\na recognised law entity to which an articled clerk is articled ceases to be a\nrecognised law entity;\n(f)\nthe Council is satisfied after investigation that an articled clerk is not a fit\nand proper person to become an attorney-at-law;\n\nLegal Services Act, 2020\nSection 77\n\nc\nAct 57 of 2020\nPage 37\n\n(g) upon the application of either an attorney-at-law or a recognised law entity\nor that attorney-at-law\u2019s or recognised law entity\u2019s articled clerk, the\nCouncil is satisfied that the articles of clerkship of the articled clerk ought\nto be discharged; or\n(h) if an attorney-at-law or a recognised law entity has in that attorney-at-law\u2019s\nor recognised law entity\u2019s service an articled clerk in contravention of this\nPart.\n77.\nTransfer of articles of clerkship\n77. (1) This section applies if an application is made to the Council by an attorney-atlaw or a recognised law entity and that attorney-at-law\u2019s or recognised law\nentity\u2019s articled clerk for permission to transfer the articles of clerkship of the\narticled clerk to another attorney-at-law or recognised law entity.\n(2) The Council may, subject to subsection (3), give permission if the Council\nconsiders it proper to give the permission sought under subsection (1).\n(3) The permission under subsection (2) may be given subject to any conditions the\nCouncil may think fit to impose.\n(4) If articles of clerkship of an articled clerk are transferred to an attorney-at-law\nor recognised law entity pursuant to permission given under this section, the\narticled clerk becomes the articled clerk of the attorney-at-law or recognised law\nentity to which the articles of clerkship are transferred.\n(5) The articles of clerkship under which the articled clerk was serving immediately\nbefore the transfer shall continue to have effect as though the attorney-at-law or\nrecognised law entity to which the articled clerk was transferred had originally\nbeen a party to those articles of clerkship.\n(6) Subsection (5) is subject to any modifications made to the articles of clerkship\nby the Council.\n78.\nObligations of attorney-at-law or recognised law entity in relation to an\narticled clerk\n78. (1) If an attorney-at-law or recognised law entity has an articled clerk in that\nattorney-at-law\u2019s or recognised law entity\u2019s service, the attorney-at-law or\nrecognised law entity shall ensure that during the period of articles of clerkship\nof the articled clerk, the articled clerk \u2014\n(a)\nreceives adequate legal training including training relating to professional\nresponsibility, legal etiquette and conduct;\n(b) is exposed to all major areas of the Cayman Islands law practised by the\nattorney-at-law or recognised law entity; and\n(c)\nparticipates in courses, workshops or programmes that relate to the areas\nof Cayman Islands law in which the articled clerk is being trained.\n\nSection 79\nLegal Services Act, 2020\n\nPage 38\nAct 57 of 2020\nc\n\n(2) If an attorney-at-law or recognised law entity fails to comply with this section\nand as a result is found guilty of professional misconduct, the attorney-at-law or\nrecognised law entity shall not take any person into that attorney-at-law\u2019s or\nrecognised law entity\u2019s service as an articled clerk until the Council advises the\nattorney-at-law or recognised law entity otherwise.\nPART 11 - INVESTIGATION AND DETERMINATION OF\nALLEGED PROFESSIONAL MISCONDUCT\n79.\nApplication to senior office holders\n79. This Part does not apply to any conduct of a person while holding or acting in an\noffice to which section 106 of the Constitution applies or to any other Government\nattorney-at-law.\n80.\nComplaints of professional misconduct by attorneys-at-law\n80. Any person may file with the Council a complaint that any specified conduct of an\nattorney-at-law constitutes professional misconduct by the attorney-at-law.\n81.\nLegal Services Disciplinary Tribunal\n81. (1) There is established a body called Legal Services Disciplinary Tribunal for the\npurpose of hearing and determining matters referred to it under this Act in\nrespect of alleged professional misconduct by attorneys-at-law.\n(2) The Disciplinary Tribunal consists of the following members appointed by the\nCouncil \u2014\n(a)\na retired judge who shall be the chairperson of the Disciplinary Tribunal;\nand\n(b) subject to subsection (3), a panel of seven members appointed on an annual\nbasis who shall be attorneys-at-law of at least ten years\u2019 standing.\n(3) Where the Council refers a matter to the Disciplinary Tribunal under section\n82(12), the chairperson of the Disciplinary Tribunal shall appoint two members\nof the panel referred to in subsection (2)(b) whom the chairperson considers\nsuitable to comprise the Disciplinary Tribunal for the purpose of hearing and\ndetermining the matter.\n(4) In the exercise of its functions the Disciplinary Tribunal shall not be subject to\nthe direction or control of the Council or any other person.\n(5) Subject to this Act and the regulations made under subsection (8), the\nDisciplinary Tribunal shall regulate its own procedures and may make rules\ngoverning its procedures.\n\nLegal Services Act, 2020\nSection 82\n\nc\nAct 57 of 2020\nPage 39\n\n(6) The Disciplinary Tribunal shall publish in the Gazette as well as in such other\nmedia as the Disciplinary Tribunal determines notice of any rules made by the\nDisciplinary Tribunal under this section.\n(7) The notice under subsection (6) shall state where copies of the rules made by\nthe Disciplinary Tribunal under this section may be obtained.\n(8) The Cabinet, after consultation with the Council, may make regulations with\nregard to the conduct of proceedings by the Disciplinary Tribunal and any other\nmatters relating to the Disciplinary Tribunal that the Cabinet may consider\nnecessary.\n(9) A person shall not participate as a member of the Disciplinary Tribunal and of\nthe Council in relation to the same matter.\n(10) A member of the Disciplinary Tribunal is not liable for claims, damages, costs,\ncharges or expenses resulting from the discharge or purported discharge of a\nfunction of the member as a member of the Disciplinary Tribunal.\n(11) Subsection (10) does not apply to claims, damages, costs, charges or expenses\ncaused by the bad faith of the member of the Disciplinary Tribunal.\n82.\nCouncil to investigate complaints\n82. (1) The Council shall investigate a complaint filed under section 80.\n(2) The Council shall, on its own initiative, investigate any conduct of an attorneyat-law if the Council becomes aware that the conduct may constitute\nprofessional misconduct by the attorney-at-law.\n(3) The Council has no power to investigate any conduct by an attorney-at-law that\nwas known or could reasonably have been known by the complainant or Council\nmore than six years before the complaint was made or the Council became aware\nof the conduct.\n(4) The Council has the power to do everything reasonably necessary to investigate\nany conduct of an attorney-at-law that is alleged to constitute professional\nmisconduct.\n(5) Without prejudice to the generality of the power of the Council under subsection\n(4), the Council may require the production of a document or any other\ninformation from a person who the Council has reasonable grounds to believe\ncan assist in investigating the conduct.\n(6) A person commits an offence if the person when required to do so under\nsubsection (5), fails or refuses to produce a document or any other information\nor produces a document or information that is false or misleading.\n(7) A person who commits an offence under subsection (6) is liable \u2014\n(a)\non summary conviction to a fine of twenty thousand dollars or to\nimprisonment for a term of two years, or to both; or\n\nSection 83\nLegal Services Act, 2020\n\nPage 40\nAct 57 of 2020\nc\n\n(b) on conviction on indictment to a fine of fifty thousand dollars or to\nimprisonment for a term of five years, or to both.\n(8) The Council shall make rules regarding the procedure for its investigation of the\nconduct of attorneys-at-law.\n(9) The rules made under subsection (8) shall set out \u2014\n(a)\nthe manner in which a complaint may be made to the Council about the\nconduct of an attorney-at-law; and\n(b) the manner in which the Council will conduct its investigation into the\nconduct of an attorney-at-law.\n(10) The Council shall publish in the Gazette as well as in such other media as the\nCouncil determines notice of any rules made by the Council under this section.\n(11) The notice under subsection (10) shall state where copies of the rules made by\nthe Council under this section may be obtained.\n(12) Unless the Council, having investigated a complaint filed under section 80 or\nthe conduct of an attorney-at-law on its own initiative under subsection (2), finds\nthat the matter is frivolous or vexatious, the Council shall refer the matter to the\nDisciplinary Tribunal.\n83.\nDisciplinary Tribunal to hear and determine matter\n83. (1) The Disciplinary Tribunal shall hear and determine a matter referred to it under\nsection 82(12).\n(2) The Disciplinary Tribunal has the power to do everything reasonably necessary\nto hear and determine a matter referred to it under section 82(12).\n(3) Without prejudice to the generality of the power of the Disciplinary Tribunal\nunder subsection (2), the Disciplinary Tribunal may do any of the following \u2014\n(a)\nconvene a hearing to investigate the conduct;\n(b) issue a summons to compel the attendance of a person at a hearing;\n(c)\nrequire the production of a document or any other information from a\nperson who the Disciplinary Tribunal has reasonable grounds to believe\ncan assist in investigating the conduct;\n(d) require a person to verify by affidavit a document submitted or information\nprovided to the Disciplinary Tribunal; and\n(e)\nexamine witnesses on oath, affirmation or otherwise at a hearing.\n(4) A person commits an offence if the person \u2014\n(a)\nfails to comply with a summons issued by the Disciplinary Tribunal under\nsubsection (3)(b);\n\nLegal Services Act, 2020\nSection 84\n\nc\nAct 57 of 2020\nPage 41\n\n(b) when required to do so under subsection (3)(c), fails or refuses to produce\na document or any other information or produces a document or\ninformation that is false or misleading;\n(c)\nwhen required to do so under subsection (3)(d), fails or refuses to verify a\ndocument submitted or information provided to the Disciplinary Tribunal\nby affidavit when required to do so by the Disciplinary Tribunal; or\n(d) as a witness at a hearing by the Disciplinary Tribunal, fails or refuses to\nanswer a question put to the person or provides an answer that is false or\nmisleading.\n(5) A person who commits an offence under subsection (4) is liable \u2014\n(a)\non summary conviction to a fine of twenty thousand dollars or to\nimprisonment for a term of two years, or to both; or\n(b) on conviction on indictment to a fine of fifty thousand dollars or to\nimprisonment for a term of five years, or to both.\n(6) Subject to this Act and to regulations made under section 81(8), the Disciplinary\nTribunal shall make rules regarding the procedure for hearing and determining\na matter referred to it under section 82(12).\n(7) The rules made under subsection (6) \u2014\n(a)\nmay provide for preliminary proceedings to be held to determine if\nsufficient evidence of an attorney-at-law\u2019s conduct exists to show if it may\namount to professional misconduct;\n(b) shall give an attorney-at-law whose conduct is in question a reasonable\nopportunity to be heard either in person or through counsel; and\n(c)\nshall provide that a hearing of the Disciplinary Tribunal is to be held in\npublic unless the Disciplinary Tribunal is of the view that publicity would\nprejudice the interests of justice or commercial confidence.\n(8) The Disciplinary Tribunal shall publish in the Gazette as well as in such other\nmedia as the Disciplinary Tribunal determines notice of any rules made by the\nDisciplinary Tribunal under this section.\n(9) The notice under subsection (8) shall state where copies of the rules made by\nthe Disciplinary Tribunal under this section may be obtained.\n84.\nDisciplinary sanctions\n84. (1) If, after hearing and determining a matter referred to the Disciplinary Tribunal,\nthe Disciplinary Tribunal is satisfied that the conduct constitutes professional\nmisconduct by the attorney-at-law, the Disciplinary Tribunal may take one or\nmore of the following actions \u2014\n(a)\norder that the name of the attorney-at-law be struck off the Roll;\n\nSection 85\nLegal Services Act, 2020\n\nPage 42\nAct 57 of 2020\nc\n\n(b) order that the attorney-at-law\u2019s practising certificate be qualified to the\neffect that the attorney-at-law is not entitled to appear as an advocate\nbefore all or any court or to practise in a specific area of law, in either case,\npermanently or for a specified period;\n(c)\norder that the attorney-at-law be suspended from practice as an attorneyat-law for a specified period, not exceeding five years;\n(d) order the attorney-at-law to pay a fine of fifty thousand dollars;\n(e)\nreprimand the attorney-at-law;\n(f)\nadvise the attorney-at-law as to the attorney-at-law\u2019s future conduct; or\n(g) take no action against the attorney-at-law.\n(2) Whether or not the Disciplinary Tribunal takes any action against an attorneyat-law, the Disciplinary Tribunal may do either or both of the following \u2014\n(a)\nreport the conduct of the attorney-at-law to any other professional\nassociation having jurisdiction over the attorney-at-law; or\n(b) order the attorney-at-law to pay the costs of the investigation, which shall\nbe taxed in accordance with the Rules of the Court.\n85.\nStriking off and suspension from practice to be published\n85. If the Disciplinary Tribunal orders that the name of an attorney-at-law be struck off\nthe Roll or that an attorney-at-law be suspended from practice, other than for an\ninterim period under section 86, the Clerk of the Court shall publish, in the Gazette\nas well as in such other media as the Clerk of the Court determines, the name of the\nattorney-at-law and the fact \u2014\n(a)\nthat the name of the attorney-at-law has been struck off the Roll; or\n(b) that the attorney-at-law has been suspended from practice and the period\nof the suspension.\n86.\nInterim orders\n86. (1) If any conduct of an attorney-at-law is being investigated by the Council, the\nCourt may make an interim order that the attorney-at-law be suspended from\npractice until the investigation has been completed and any subsequent order\nmade by the Disciplinary Tribunal under section 84 has come into effect.\n(2) If the investigation is into the alleged misuse of a trust fund by the attorney-atlaw, the Court, on the application of the Council, may make an order that, until\nthe investigation has been completed and any subsequent order made by the\nDisciplinary Tribunal under section 84 has come into effect, a trust fund\noperated by the attorney-at-law shall be operated by an accountant or a bank\napproved by the Council.\n\nLegal Services Act, 2020\nSection 87\n\nc\nAct 57 of 2020\nPage 43\n\n87.\nRestoration of name to Roll\n87. (1) If the name of an attorney-at-law was removed from the Roll on the request of\nthe attorney-at-law or on the order of the Disciplinary Tribunal, the former\nattorney-at-law may at any time apply to the Council for the restoration of the\nformer attorney-at-law\u2019s name to the Roll.\n(2) Subject to subsection (3), the Council may, after hearing the application under\nsubsection (1), order that the name of the former attorney-at-law be restored to\nthe Roll with or without conditions and any such conditions shall be specified\nin any practising certificate issued to the attorney.\n(3) The Council shall not make an order under subsection (2) unless the Council is\nsatisfied that the former attorney-at-law is a fit and proper person to practise as\nan attorney-at-law.\n(4) If the Council orders that the name of a former attorney-at-law be restored to\nthe Roll, the Clerk of the Court shall, on payment by the former attorney-at-law\nof the prescribed fee, restore the name of the attorney-at-law to the Roll and\npublish, in the Gazette as well as in such other media as the Clerk of the Court\ndetermines, a notice specifying \u2014\n(a)\nthe name of the attorney-at-law;\n(b) the fact that name of the attorney-at-law is restored to the Roll; and\n(c)\nthe condition, if any, which the attorney-at-law is subject to under\nsubsection (2).\n88.\nTermination of suspension\n88. (1) If an attorney-at-law has been suspended from practice on the order of the\nDisciplinary Tribunal under section 84, the attorney-at-law may at any time\napply to the Council for the suspension to be terminated.\n(2) After hearing the application under subsection (1), the Council may, if the\nCouncil is satisfied that the attorney-at-law is a fit and proper person to practise\nas an attorney-at-law, order that the attorney-at-law\u2019s suspension from practice\nbe terminated with effect from a date specified in the order.\n(3) If the Council orders that an attorney-at-law\u2019s suspension from practice be\nterminated under this section, the Clerk of the Court shall, on payment by the\nattorney-at-law of the prescribed fee specified, publish, in the Gazette as well as\nin such other media as the Clerk of the Court determines, a notice specifying the\nname of the attorney-at-law, the fact that the attorney-at-law\u2019s suspension from\npractice has been terminated and the date from which the termination has effect.\n\nSection 89\nLegal Services Act, 2020\n\nPage 44\nAct 57 of 2020\nc\n\n89.\nForm and proof of order of Council or Disciplinary Tribunal\n89. (1) A document purporting to be an order of the Council and purporting to be signed\non its behalf by the Chief Justice shall, in the absence of evidence to the\ncontrary, be taken to be an order of the Council duly made, without proof of its\nmaking, or proof of signature, or proof that the person signing the order was\nentitled to sign the order.\n(2) A document purporting to be \u2014\n(a)\nan order of the Disciplinary Tribunal; and\n(b) signed on its behalf by the chairperson of the Disciplinary Tribunal,\nshall, in the absence of evidence to the contrary, be taken to be an order of the\nDisciplinary Tribunal duly made, without proof of its making, or proof of\nsignature, or proof that the person signing the order was entitled to sign the\norder.\n90.\nCertain orders to be filed in Court\n90. (1) An order of the Council or Disciplinary Tribunal under this Act \u2014\n(a)\nthat the name of an attorney-at-law be struck off the Roll;\n(b) that the name of a person be restored to the Roll;\n(c)\nthat an attorney-at-law be suspended from practice, other than by an\ninterim order made under section 86; or\n(d) that the suspension of an attorney-at-law from practice be terminated,\nshall be filed with the Clerk of the Court.\n(2) An order referred to in subsection (1) takes effect and is enforceable as if it were\nan order of the Court.\n(3) If an order referred to in subsection (1) is \u2014\n(a)\nthat an attorney-at-law\u2019s name be struck off the Roll; or\n(b) that the attorney-at-law be suspended from practice,\nthe order shall not take effect until the expiry of the time allowed for appeal\nunder section 92, but, if an appeal is commenced, until the appeal is determined\nor withdrawn.\n(4) An order filed under this section may be inspected by a person during office\nhours of the Court Office without payment of a fee.\n91.\nEnforcement of order of Disciplinary Tribunal\n91. If the Disciplinary Tribunal makes an order that imposes a fine or provides for the\npayment of costs, the fine or payment has effect as if it were a debt due to the Crown.\n\nLegal Services Act, 2020\nSection 92\n\nc\nAct 57 of 2020\nPage 45\n\n92.\nAppeals\n92. (1) An attorney-at-law may appeal to the Court of Appeal against an action taken\nby the Disciplinary Tribunal under section 84.\n(2) An appeal under subsection (1) shall be by way of a new hearing in respect of\nthe conduct of the attorney-at-law that the Disciplinary Tribunal has determined\nconstituted professional misconduct by the attorney-at-law.\n(3) A person aggrieved by a decision of the Council may, with leave of the Court\nof Appeal, appeal to the Court of Appeal against the decision of the Council.\n(4) An appeal under this section shall be made within such time and in such form\nas may be prescribed by Rules of the Court of Appeal.\n(5) On hearing an appeal under this section, the Court of Appeal may confirm,\nreverse, or modify the action taken by the Council or Disciplinary Tribunal.\n93.\nTrusteeships held by attorney-at-law suspended or struck off\n93. (1) If an attorney-at-law is suspended from practice or if the name of the attorneyat-law is struck off the Roll, the Council may serve a notice signed by two\nmembers of the Council requiring the person upon whom the notice is served to\nsupply to the Council, in so far as it is practicable to do so \u2014\n(a)\na list showing any wills in which the attorney-at-law is appointed as a\ntrustee, and the names and addresses of the testators;\n(b) a list of any other trusteeships that are held by the attorney-at-law under\nany trust or are to be held by the attorney-at-law on the occurrence of any\nevent and the beneficiaries under the trusts;\n(c)\nif the attorney-at-law is a sole practitioner, details of the client funds held\nby the attorney-at-law; and\n(d) any other particulars as may be necessary to enable the Council to exercise\nits powers under subsection (3).\n(2) The notice under subsection (1) shall be served \u2014\n(a)\non the attorney-at-law or on a person carrying on the attorney-at-law\u2019s\npractice; or\n(b) if the attorney-at-law is a partner, member, employee, associate or\nconsultant of a law firm, on the law firm or on a partner, member,\nemployee, associate or consultant of the law firm.\n(3) After the Council receives the list required under subsection (1), the Council\nmay, notwithstanding anything to the contrary under this Part, notify \u2014\n(a)\na testator named in the list;\n(b) a beneficiary named in the list; or\n\nSection 94\nLegal Services Act, 2020\n\nPage 46\nAct 57 of 2020\nc\n\n(c)\na person having power to appoint or remove the trustees in respect of a\ntrust mentioned in the list,\nthat the attorney-at -law has been suspended from practice or that the name of\nthe attorney-at -law has been struck off the Roll.\n(4) In this section, \u201ctrust\u201d means a trust of any kind and includes the duties\nincidental to the office of a personal representative.\n(5) A person who, without lawful justification or excuse, fails or refuses to comply\nwith the requirement of a notice under this section served commits an offence\nand liable \u2014\n(a)\non summary conviction to a fine of twenty thousand dollars or to\nimprisonment for a term of two years, or to both; or\n(b) on conviction on indictment to a fine of fifty thousand dollars or to\nimprisonment for a term of five years, or to both.\n94.\nAttorney-at-law shall comply with conditions and restrictions\n94. An attorney-at-law who practises law in contravention of a condition or restriction\nspecified in the attorney-at-law\u2019s practising certificate commits an act of professional\nmisconduct.\n95.\nCouncil to inform police of possible offence\n95. If, when investigating the conduct of an attorney-at-law, it appears to the Council that\nthe attorney-at-law or any other person may have committed an offence the Council\nshall refer the matter to the police.\nPART 12 - MISCELLANEOUS\n96.\nPractice in the Islands of the law of another jurisdiction\n96. (1) A person shall not practise in the Islands the law of another jurisdiction without\nthe consent of the Council and a person who acts in contravention of this\nsubsection commits an offence and is liable on summary conviction to a fine of\nfifty thousand dollars.\n(2) For the purposes of subsection (1), a person practises the law of another\njurisdiction if \u2014\n(a)\nthe person practises that law for or in expectation of gain or reward; or\n(b) the person holds that person out as prepared to practise the law of another\njurisdiction.\n(3) An application for consent under subsection (1) shall be made to the Council on\na form approved by the Council.\n(4) The application shall be accompanied by \u2014\n\nLegal Services Act, 2020\nSection 96\n\nc\nAct 57 of 2020\nPage 47\n\n(a)\nthe prescribed application fee;\n(b) evidence sufficient to show that the person is practising the law of another\njurisdiction;\n(c)\nevidence that the person is qualified to practise the law of another\njurisdiction; and\n(d) evidence that the person is a fit and proper person to practise the law of\nanother jurisdiction.\n(5) The Council may give consent if the Council is satisfied \u2014\n(a)\nthat the person is practising the law of another jurisdiction;\n(b) that the person is a suitable person to practise that law and is qualified to\npractise that law; and\n(c)\nthat to give consent would not be prejudicial to the interests of the Islands.\n(6) If the Council gives consent, the Council shall issue a certificate of consent to\nthe person in the form approved by the Council.\n(7) The form shall specify \u2014\n(a)\nthe name of the person and the address in the Islands where the person\npractises the law of the other jurisdiction; and\n(b) the jurisdiction in respect of which the person practises that law.\n(8) The Council shall also publish a notice stating \u2014\n(a)\nthat the person has been given consent under this section;\n(b) the name of the person; and\n(c)\nthe jurisdiction in respect of which the consent has been given.\n(9) The Council may cancel the consent given to a person under this section by\nwritten notice to the person if the Council is satisfied that \u2014\n(a)\nthe person has ceased to have any of the qualifications necessary to be\ngiven the consent; or\n(b) the practice of the law of another jurisdiction by the person has become\nprejudicial to the interests of the Islands.\n(10) If the Council refuses to give consent to a person or cancels the consent given\nto a person, the person may, within thirty days of being given notice of the\nrefusal or cancellation, with leave of the Court of Appeal, appeal to the Court of\nAppeal against the refusal or cancellation on the grounds that the refusal or\ncancellation was unreasonable having regard to all the circumstances.\n(11) A person with consent given under this section is not required to be licensed\nunder the Trade and Business Licensing Act (2019 Revision) or the Local\nCompanies (Control) Act (2019 Revision).\n\nSection 97\nLegal Services Act, 2020\n\nPage 48\nAct 57 of 2020\nc\n\n97.\nFalse or misleading information\n97. (1) A person shall not knowingly or wilfully provide false or misleading\ninformation in an application, notification, notice or filing under this Act.\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nsummary conviction to a fine of twenty-five thousand dollars or to\nimprisonment for a term of five years, or to both.\n98.\nLiability of officers\n98. (1) If an offence under this Act that has been committed by a partnership, limited\nliability partnership or body corporate is proved to have been committed with\nthe consent or connivance of, or to be attributable to any wilful neglect on the\npart of a person \u2014\n(a)\nwho is a partner of the partnership or limited liability partnership, or a\ndirector, manager, secretary or other similar officer of the body corporate;\nor\n(b) who is purporting to act in any such capacity,\nthat person also commits the offence and is liable to be proceeded against and\npunished accordingly.\n(2) If the affairs of a body corporate are managed by that body corporate\u2019s members,\nsubsection (1) shall apply in relation to the acts and defaults of a member in\nconnection with the member.\n99.\nRegulations\n99. (1) The Cabinet may, after consultation with the Council, make regulations \u2014\n(a)\nprescribing anything that may be prescribed under this Act;\n(b) providing for access to the legal profession and training and development\nof attorneys-at-law; or\n(c)\nproviding for such matters as may be necessary or convenient for carrying\nout or giving effect to this Act and its administration.\n(2) Without prejudice to the generality of subsection (1), regulations made under\nsubsection (1)(b) may make provisions giving the Council the power to assess\nand monitor compliance with such regulations and, the provisions may include\nprovisions giving the Council the power to delegate the power to assess and\nmonitor compliance with the regulations to another person.\n(3) Regulations made under this Act may \u2014\n(a)\nmake different provision in relation to different cases or circumstances;\n(b) contain such transitional, consequential, incidental or supplementary\nprovisions as appear to Cabinet to be necessary or expedient for the\npurposes of such regulations; or\n\nLegal Services Act, 2020\nSection 100\n\nc\nAct 57 of 2020\nPage 49\n\n(c)\ncreate an offence punishable by a fine not exceeding ten thousand dollars.\n100. Repeal and savings\n100. (1) Subject to subsection (2), the Legal Practitioners Act (2015 Revision) is\nrepealed.\n(2) The Legal Practitioners (Students) Regulations (2018 Revision) shall continue\nin force with the necessary modifications until they are repealed by regulations\nmade under section 99.\n101. Savings, transitional and consequential provisions\n101. (1) The Cabinet may make regulations to provide for such savings, transitional and\nconsequential provisions to have effect in connection with the coming into force\nof any provision of this Act as are necessary or expedient.\n(2) Regulations made under subsection (1) may be given retrospective operation to\na day not earlier than the day that this Act comes into force.9\nPassed by the Parliament the 16th day of December, 2020.\nHon. W. McKeeva Bush\nSpeaker\nZena Merren-Chin\nClerk of the Parliament","akn_extracted_at":"2026-06-22 15:34:31.201379+00","cms_id":"2020-0057","law_type":"principal","year":"2020","number":"57","title":"Legal Services Act","status":"in_force"},"provenance":{"files":[{"file_id":"16734","expr_id":"384","kind":"akn_xml","filename":"2020-0057_Act 57 of 2020.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2020\/2020-0057\/2020-0057_Act 57 of 2020.akn.xml","content_md5":"200e2c9d6c92a1fca88c1827711685a7","byte_size":"106926","http_last_modified":null,"fetched_at":"2026-06-22 15:34:32.300676+00"},{"file_id":"767","expr_id":"384","kind":"pristine_pdf","filename":"2020-0057_Act 57 of 2020.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2020\/2020-0057\/2020-0057_Act 57 of 2020.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2020\/2020-0057\/2020-0057_Act 57 of 2020.pdf","content_md5":"49e7182d37b33cfe37db4ba838f8c797","byte_size":"1208166","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.92568+00"},{"file_id":"768","expr_id":"384","kind":"working_pdf","filename":"2020-0057_Act 57 of 2020.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2020\/2020-0057\/2020-0057_Act 57 of 2020.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2020\/2020-0057\/2020-0057_Act 57 of 2020.pdf","content_md5":"49e7182d37b33cfe37db4ba838f8c797","byte_size":"1208166","http_last_modified":null,"fetched_at":"2026-06-21 23:09:35.92568+00"}],"paragraph_count":93,"latest_history":null},"quality":{"expr_id":"384","doc_id":"384","quality_state":"needs_review","quality_score":"80","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture,verify_commencement_metadata}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample appears truncated at Section 49; minor stray character issues noted. 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